Town of Port Hedland
MINUTES
OF THE
ORDINARY MEETING OF THE TOWN OF PORT HEDLAND COUNCIL
HELD ON
WEDNESDAY 25 NOVEMBER 2009
AT 5.33 PM
IN COUNCIL CHAMBERS McGREGOR STREET, PORT HEDLAND
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Town of Port Hedland for any act, omission, statement or intimation occurring during Council Meetings. The Town of Port Hedland disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission, and statement of intimation occurring during Council Meetings.
Any person or legal entity that acts or fails to act in reliance upon any statement, act or omission occurring in a Council Meeting does so at their own risk. The Town of Port Hedland advises that any person or legal entity should only rely on formal confirmation or notification of Council resolutions.
Chris Adams Chief Executive Officer
MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
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OUR COMMITMENT To enhance social, environmental and economic well-being through leadership and working in partnership with the Community. TABLE OF CONTENTS 1.1 OPENING ...... 7 ITEM 2 RECORDING OF ATTENDANCE AND APOLOGIES ...... 7 2.1 ATTENDANCE ...... 7 2.2 APOLOGIES ...... 7 2.3 APPROVED LEAVE OF ABSENCE ...... 7 ITEM 3 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE 7 3.1 QUESTIONS FROM PUBLIC AT ORDINARY COUNCIL MEETING HELD ON WEDNESDAY 28 OCTOBER 2009 ...... 7 3.1.1 Mr Chris Whalley ...... 7 3.1.2 Ms Betty Goedhart ...... 8 3.1.3 Mr Shannon Wagner ...... 8 3.2 QUESTIONS FROM ELECTED MEMBERS AT ORDINARY COUNCIL MEETING HELD ON WEDNESDAY 28 OCTOBER 2009 ...... 8 3.3 QUESTIONS FROM PUBLIC AT SPECIAL COUNCIL MEETING HELD ON WEDNESDAY 11 NOVEMBER 2009 ...... 8 3.4 QUESTIONS FROM ELECTED MEMBERS AT SPECIAL COUNCIL MEETING HELD ON WEDNESDAY 11 NOVEMBER 2009 ...... 8 ITEM 4 PUBLIC TIME ...... 9 4.1 PUBLIC QUESTIONS ...... 9 4.1.1 Mr Milo [Camillo] Blanco ...... 9 4.1.2 Mr Chris Walley ...... 10 4.1.3 Mrs Arminie MacPherson ...... 11 4.2 PUBLIC STATEMENTS ...... 11 4.2.2 Mrs Arminie MacPherson ...... 11 4.2.3 Mrs Dhu...... 12 ITEM 5 QUESTIONS FROM MEMBERS WITHOUT NOTICE ...... 12 5.1 Councillor A A Carter ...... 12 5.2 Councillor G J Daccache ...... 12 5.3 Councillor J M Gillingham ...... 13 5.4 Councillor S J Coates ...... 14 5.5 Councillor D W Hooper ...... 14 ITEM 6 DECLARATION BY MEMBERS TO HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE BUSINESS PAPER PRESENTED BEFORE THE MEETING .... 15 ITEM 7 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ...... 15 7.1 CONFIRMATION OF MINUTES OF ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 28 OCTOBER 2009...... 15 7.2 CONFIRMATION OF MINUTES OF SPECIAL MEETING OF COUNCIL HELD ON WEDNESDAY 11 NOVEMBER 2009 ...... 16 ITEM 8 ANNOUNCEMENTS BY CHAIRMAN WITHOUT DISCUSSION 17
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ITEM 9 REPORTS BY ELECTED MEMBERS WITHOUT DISCUSSION20 9.1 Councillor J M Gillingham ...... 20 9.2 Councillor S J Coates ...... 20 9.3 Councillor D W Hooper ...... 20 9.4 Councillor M (Bill) Dziombak ...... 20 ITEM 10 PETITIONS/DEPUTATIONS/PRESENTATIONS/ SUBMISSIONS ...... 21 10.1 Petition Presented by Ms Karyna Ross ...... 21 10.2 Hedland Tidy Towns Working Group – Presentation of Tidy Towns Awards ... 22 10.3 Mr Bob Neville, President of Pilbara and Non-Government Organisation (PANGO) ...... 22 ITEM 11 REPORTS OF OFFICERS ...... 23 11.1 REGULATORY AND COMMUNITY SERVICES ...... 23 11.1.1 DIRECTOR REGULATORY AND COMMUNITY SERVICES ...... 23 11.1.1.1 Monthly Report – Community and Regulatory Services (File No.: 13/04/0001) 23 11.1.1.2 Delegated Planning, Building & Environmental Health Approvals and Orders for October 2009 (File No.: 18/07/0002 & 07/02/0003) ...... 39 11.1.2 PLANNING SERVICES...... 51 11.1.2.1 Proposed Mixed Use Development – Lot 14 (8) Wedge Street Port Hedland (File No.: 154550G) ...... 51 11.1.2.2 Proposed Section 70A Notification for Lot 35 (10) Edgar Street, Port Hedland (File No.: 120500G) ...... 61 11.1.2.3 Proposed Mixed Use Development – Lot 41 (19) Edgar Street Port Hedland (File No.: 128650G) ...... 64 11.1.2.4 Proposed New Living Project Subdivision Application for 3 Lots into 16 Lots Involving Lots 6107, 6108 and 6177 – Cottier Drive, Kennedy Street and Stanley Street, South Hedland (File No’s: 803128G, 804138G and 804139G) 77 11.1.2.5 Endorsement of Spoilbank and Pretty Pool Concepts for Public Comment (File Nos.: 18/12/0014; 18/14/0001) ...... 84 11.1.2.6 Council Endorsement of the Residential Land Rationalisation Plan (File No.: 18/12/0015) ...... 94 11.1.3 ENVIRONMENTAL HEALTH SERVICES...... 99 11.1.3.1 Unauthorised Refuse Site Adjacent to the Turner River Estate (File No.: 25/03/0001) ...... 99 11.1.3.2 Introduction of Weekly Rubbish Collection Service to Turner River Estate (File No.: 31/03/0002) ...... 103 11.2 ENGINEERING SERVICES ...... 107 11.2.1 DIRECTOR ENGINEERING SERVICES ...... 107 11.2.1.1 Engineering Services Monthly Report (File No.: 13/04/0001) ...... 107 11.2.2 PORT HEDLAND INTERNATIONAL AIRPORT ...... 127 11.2.2.1 Port Hedland International Airport Glidepath Project GL 564, Common User Check In Facility, New Security Door (Qantas Check-In) and GlideView Screen on Site ...... 127 11.2.2.2 Common User Check-in Facility Charges - Port Hedland International Airport (File No.: …/…) ...... 130 11.2.3 RECREATION SERVICES ...... 136 11.2.3.1 Waiver of Fees Request : The Big Issue’s Street Soccer Program at JD Hardie Centre (File No.: 26/05/0005 ) ...... 136 11.2.3.2 South Hedland Football Club Outstanding Debt (File No.: 26/02/0015) ...... 140 11.2.3.3 Reconsideration of Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval (File No.: Tender 09/21) ...... 144 11.2.4 INFRASTRUCTURE DEVELOPMENT ...... 153
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11.2.4.1 Proposed Coastal Access Adjacent to Mundabullangana (Munda) Station (File No.: 28/01/0009) ...... 153 11.3 GOVERNANCE AND ADMINISTRATION ...... 160 11.3.1 CORPORATE SERVICES ...... 160 11.3.1.1 Financial Reports to Council for Period Ended 30 September 2009 (File Nos: FIN-008, FIN-014 and RAT-009) ...... 160 11.3.1.2 Lease with BHP Billiton to Increase the Colin Matheson Oval (File No.: …) .. 166 11.3.1.3 Community Rating Policy (File No.: …) ...... 171 11.3.1.4 Outstanding Rates (File No: RAT-017) ...... 178 11.3.1.5 Request to Write Off Legal Fees at 35A & B Robinson Street PORT HEDLAND (File No: A406310)...... 193 11.3.1.6 Requests to Waiver Rates for Assessment A804113; Address Lot 185 Great Northern Highway Port Hedland (File No.: …)...... 197 11.3.1.7 Requests to Waiver Penalty Late Fee of $57.00 and Penalty Interest of $2.56 for Assessment A803944; Address 10 Pilbara Way, South Hedland ...... 202 11.3.1.8 Requests to Waiver Bin Charge for Previous Financial Period of 2008/2009 on 17 Haines Street , South Hedland (Assessment No. A113580) ...... 205 11.3.1.9 Aboriginal Lands Trust - Bin Write - Off Request (File No: A401870) ...... 208 11.3.1.10 Pilbara Meta Maya Regional Aboriginal Corporation Rates Exemption Request (File No; A402170, A401200, A117390, A100150, A410037, A127380 & A111740) ...... 213 11.3.1.11 Wirraka Maya Health Service Aboriginal Corporation Rates Exemption Request (File No: A800350) ...... 221 11.3.1.12 Bloodwood Tree Association Inc. Rates Exemption Request (File No; A803501)...... 229 11.3.1.13 Cooke Point Recreation Club Inc. Rates Exemption Request (File No; A102540)...... 235 11.3.2 GOVERNANCE ...... 254 11.3.2.1 Business Plan Consideration – Port Hedland Airport TWA (File No.: …) ...... 254 11.3.2.2 Business Royalties for Regions: Pilbara Priority Projects – Status Report ... 261 11.3.2.3 Office Accommodation (File No.: …) ...... 266 11.3.2.4 Nomination for Pilbara Development Commission Board Membership (File No.: ORG-096) ...... 272 ITEM 13 MOTIONS OF WHICH PREVIOUS NOTICE HAVE BEEN GIVEN ...... 276 ITEM 14 CONFIDENTIAL ITEMS ...... 276 ITEM 15 APPLICATIONS FOR LEAVE OF ABSENCE ...... 276 ITEM 16 CLOSURE ...... 276 16.1 DATE OF NEXT MEETING...... 276 16.2 CLOSURE ...... 276
P AGE 5 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 6 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ITEM 1 OPENING OF MEETING
1.1 Opening
The Mayor declared the meeting open at 5:33 pm and acknowledged the traditional owners, the Kariyarra people.
ITEM 2 RECORDING OF ATTENDANCE AND APOLOGIES
2.1 Attendance
Mayor Kelly A Howlett Councillor Arnold A Carter Councillor Stan R Martin Councillor George J Daccache Councillor Jan M Gillingham Councillor Steve J Coates Councillor David W Hooper Councillor Michael (Bill) Dziombak
Mr Chris Adams Chief Executive Officer Mr Matthew Scott Director Corporate Services Mr Terry Sargent Director Regulatory and Community Services Mr Russell Dyer Director Engineering Services Ms Gaye Stephens Executive Assistant
Members of Public 18 Members of the Media 1
2.2 Apologies
Nil
2.3 Approved Leave of Absence
Nil
ITEM 3 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE
3.1 Questions from Public at Ordinary Council Meeting held on Wednesday 28 October 2009
3.1.1 Mr Chris Whalley
Does Council have any plans to introduce speed bumps made out of concrete or metal on some of the residential roads in South Hedland?
P AGE 7 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
NOTE: Mayor sought clarification from Mr Whalley on any particular roads that he is concerned with.
Yes, in particular Corboys Place, Smith Street and maybe Lawson Street.
Mayor advised that traffic classifiers have been placed along those streets noted by Mr Whalley; and Council will be able to provide results collected from those classifiers in the New Year.
3.1.2 Ms Betty Goedhart
Is the Town of Port Hedland could consider offering a subsidy to the general public in Hedland to have their pets desexed? Betty also wanted to advise that there is a petition circulating about the high number of stray dogs and cats around town.
Council has previously considered options for subsidizing animal sterilization some years ago, but a number of further options have since been investigated and will be considered at the Council’s ordinary meeting in December.
3.1.3 Mr Shannon Wagner
We live at 51 Kennedy Street, South Hedland and we feel that a speed bump is required to reduce fast flowing traffic past this area. There are always children playing in the street and we have passed on our concerns previously to the Council Rangers, WA Police service and to Department of Housing. Department of Housing has installed bollards on the footpath next to our fence to reduce motorbikes from using, but we are still having issues.
Mayor advised that a traffic classifier has also been placed Kennedy Street, and Council will be able to provide results collected from those classifiers in the New Year.
3.2 Questions from Elected Members at Ordinary Council Meeting held on Wednesday 28 October 2009
Nil
3.3 Questions from Public at Special Council Meeting held on Wednesday 11 November 2009
Nil.
3.4 Questions from Elected Members at Special Council Meeting held on Wednesday 11 November 2009
Nil
P AGE 8 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ITEM 4 PUBLIC TIME
4.1 Public Questions
5:35 pm Mayor opened Public Question Time.
4.1.1 Mr Milo [Camillo] Blanco
I would like to question the new standard that has been adopted for Council Meetings, and I refer to the Special Meeting held on 11th of November where the public gallery was out of control on a number of occasions with no order being called; is this the new standard for our Council’s meetings?
Mayor explained that there is not a new standard in place. Council has its Standing Orders, which have been in place for Council for some time now.
Mayor added she has just undertaken her new Mayoral training on Friday, and has now learnt more in regards to the Standing Orders [for Council Meetings], and will do her utmost with the support of fellow Councillors, to ensure that the Standing Orders are upheld.
Are we allowed to ask questions directly to councillors [during] question time?
Mayor advised no, and explained the correct procedure is to channel question through the Mayor as Chair of the meeting. If a question is in relation to something specific, or expert knowledge from one of the Council Members or Senior Staff Members is required, a question can be referred to another Councillor, or as I do to the Town’s Executive Staff.
Why did you not call order or direct the question through the Chair?
Mayor advised she felt she did direct questions through the Chair, and noted that she will take it on board.
Mayor added it is her 37th day in the Chair, and she will endeavour to do her best at each meeting.
Are we allowed to insult our councillors [during] statement or question time?
Mayor advised no.
P AGE 9 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
In reference to a citizen calling Councillor Martin a dirty little man, why did you not call order and inform the member of the public to refrain from insults and direct them in the right way to address council members?
Mayor advised she takes [the matter] on board, adding she has learnt from the meeting. Mayor added that she will endeavour to do her best at future meetings.
We vote councillors in to represent the community; whatever the question or agenda item that has been put forward, Councillors need to have the respect of all community members in the public gallery regardless whether we agree or disagree; and if the public gallery gets out of control then I would expect the Mayor or the Chief Executive Officer to call order and not allow Councillors to be intimidated, insulted or belittled; do you agree?
Mayor confirmed yes.
Mayor added that she apologises for any hurt, upset or any ill feeling that may have been given. It wasn’t the intent of the meeting, and as Chair and Mayor it is wholly her responsibility to call order with the assistance of her fellow Councillors, and she will endeavour to do that as each meeting continues.
Being your third or fourth meeting is no excuse considering you have been a councillor for the past two years or so, and would I be right in saying you were not subjected to that kind of behaviour in your time as councillor?
Mayor advised she was unsure. Mayor reiterated that she will endeavour to do her best at future meetings.
4.1.2 Mr Chris Walley
During the next twelve months will Council consider repainting the South Hedland water tower?
Mayor advised this question will be taken on notice.
Would Council also consider installing and using multi-coloured moving floodlights to shine onto the water tank itself; the energy of which could be derived from photo-voltaic silicon panels situated at the base of the water tower and position in such a way as [to] gain maximum solar energy each day?
Mayor advised that Council does not own the property of the water tower, but can pass [the suggestion] on to the Water Corporation. Council and perhaps a number of stakeholders throughout the community may be interested in partnering in such a project.
P AGE 10 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
4.1.3 Mrs Arminie MacPherson
Where an employee of the Town of Port Hedland has a house supplied by the Town of Port Hedland, is he/she able to rent a room for $250 cash per week?
Mayor advised she understood this was not practice.
NOTE: Mayor sought further clarification from Mrs MacPherson, without mentioning names, if she was aware of such an incidence. If so, could this information be forwarded? Mrs MacPherson confirmed yes.
Mayor advised this question will be taken on notice.
In the 2009/10 budget $100,000 has been allocated for a flood study, would you please define what areas are marked for this study?
Director Regulatory and Community Services explained that budget allocation is for a project which relates to the South Hedland town site.
In the budget for 2009/10 year, it is shown that $600,000 has been allocated for a new grandstand for the [Port Hedland] Turf Club, is that correct?
Mayor clarified that that allocation is included in tonight’s Agenda for consideration by Council [Agenda Item 11.3.2.2 ‘Business Royalties for Regions: Pilbara Priority Projects - Status Report’].
5:44 pm Mayor closed Public Question Time.
4.2 Public Statements
5:44 pm Mayor opened Public Statement Time.
4.2.1 Ms Lisa Bowen
Ms Bowen made a statement in relation to a letter received from participants in Turtle Monitoring Program, who has made observations in relation to the Town being a cleaner area, including the beaches.
4.2.2 Mrs Arminie MacPherson
Mrs MacPherson read aloud a letter received from a couple (caravanning visitors to the Town) who have made observations in relation to improvements to the Town, particularly at tourist locations, i.e. parks, playgrounds, BBQs and statues.
P AGE 11 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
4.2.3 Mrs Dh u
Mrs Dhu made a statement in relation to Agenda Item 11.3.1.6 ‘Requests to Waiver Rates for Assessment A804113; Address Lot 185 Great Northern Highway Port Hedland’ on tonight’s agenda, and how the rates on the property near Port Hedland Speedway have increased.
5:49 pm Mayor closed Public Statement Time.
ITEM 5 QUESTIONS FROM MEMBERS WITHOUT NOTICE
5.1 Councillor A A Ca rte r
What is the updated status of the letter received last month relating to fines received by a patron who parked at the Port Hedland International Airport, while she was in hospital in Perth?
Director Regulatory and Community Services advised Council’s Rangers Services have investigated the matter with a view to being as reasonable as possible. Further supporting information from the individual has been requested, but not received to date.
Further to a meeting of the Port Hedland Visitor Centre Management Committee, regarding the transfer of the Centre to the Town of Port Hedland on 31 December 2009; a) would Council be prepared to take over control of the Centre prior to this date if it was reasonable; and b) would a register of assets be sufficient for the transfer to happen?
Mayor advised this question will be taken on notice.
5.2 Councillor G J Daccache
As I need to declare an interest and leave the room when Agenda Item 11.3.1.2 relating to the lease of the Colin Matheson Oval to BHP Billiton is considered tonight, will BHP honour its commitment in writing a couple of years ago, that the oval will remain as a football field and that it is not reduced in size?
Mayor advised that Council has not been advised any further than BHP Billiton’s original commitment, but Council can re- emphasise the matter through tonight’s resolution.
P AGE 12 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
5.3 Councillor J M Gillingham
On behalf of a young couple who are looking to purchase a block of land at the South Hedland Rural Estate, and who realise that the large blocks have already been subdivided; is there any future plans that will enable them to subdivide a large sized block that will allow them to have a family member build an additional house of the block?
Director Regulatory and Community Services advised that there are certain circumstances which a second dwelling could be constructed on one of those lots, but at this stage Council do not have any plans to actually subdivide the lots.
In relation to the parking signs outside The Esplanade Hotel, I believe a few people have been getting warnings today for parking there, have the new [parking] signs been erected yet?
Mayor confirmed yes.
Director Regulatory and Community Services advised that Ranger Services had issued tickets. These were reviewed as even though the parking signs have been erected, the road marking is not yet completed. The tickets issued have been withdrawn and those people have now been issued with a warning. This is until the parking road marking is complete.
Will the signs be up soon?
Director Regulatory and Community Services advised that the parallel parking signs have been erected, but the line marking is yet to be completed.
When do we know if there is going to be a new manager appointed at the Port Hedland Visitor Centre?
Chief Executive Officer advised that he meet with Councillor Carter today [member of the Port Hedland Visitor Centre Management Committee]; and a full report including all issues including all financial arrangements, will be presented to Council for consideration at its Ordinary Meeting in December to clarify how Council is going to manage this issue.
Further to our phone call today regarding Cash for Trash Program and the Care for Hedland Environmental Association being able to seek external funding for the program; when you mentioned about keeping glass and cans out of the landfill for recycling, is there any indication when this recycling will begin?
Mayor advised that [Care for Hedland Environmental Association Inc.] are currently recycling the cans, which go to Perth and then are sent to offshore foundries to be melted down.
P AGE 13 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
In relation to glass, the Deputy Mayor and I went and had a look, it is currently being stored. We are currently investigating crusher options, including a very good one in Margaret River at this stage. As soon as we are able to secure that crusher, then we can commence crushing the glass suitable to recycle into products.
Can this information please be distributed to all non-profit organisations for the beginning of next year that the program is still operating and Council still supports them.
Mayor advised this can be included in the Agenda Item relating to the Cash for Trash Program when it is considered by Council at its Ordinary Meeting in December.
5.4 Councillor S J Coates
In view of the Town’s economic contribution to the Nation and being the largest tonnage port, can Council workshop to develop a strategy to ensure Port Hedland is included on the national map for weather reports?
Mayor advised this matter can be discussed at the next informal briefing for Council.
Can a Councillor be in attendance for the interagency meeting being held in relation to the non-functional aspects of 3 Mile Community?
Mayor advised she will be attending that meeting.
On behalf of Council, if there is a member of the public present this evening, can a collection be taken at tonight’s meeting for the fundraising event being held tonight for the Bartlem family at the Port Hedland Yacht Club?
Mayor confirmed yes, and invited all Councillors to contribute.
5.5 Councillor D W Hooper
Concerned by the declining trend lines in the graphs showing attendances and performances, for the Courthouse Arts Centre and Gallery and Matt Dann Cultural Centre in the Monthly Report for Community and Regulatory Services in tonight’s Agenda, what is Council doing to turn this around?
Director Regulatory [and Community] Services advised the trend lines do vary throughout the year, depending on when performances are held and statistics collected. The Town in currently in the process of appointing a new Director Community Services, who will be working with Directory Regulatory Services tomorrow on some of those matters.
P AGE 14 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Chief Executive Officer added that the trend lines are somewhat skewed; when comparing the number of patrons with the number of screenings at the Matt Dann Cultural Centre for example, although the number of screenings is decreasing, the actual number of patrons attending each screening is increasing. Late last year, the figures showed approximately ten (10) screenings per month, with only 20-30 people attending each screening. Now we have approximately eight (8) screenings, with approximately 60 people attending each screening.
In relation to attendance at the Courthouse Arts Centre and Gallery; last year shows attendance at 1,700 patrons compared to 1,200, which is a decrease of 500 people attending the facility; what is being done to improve these figures?
Director Regulatory [and Community] Services advised he is aware of the matter and strategies are being put in place to manage the situation.
ITEM 6 DECLARATION BY MEMBERS TO HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE BUSINESS PAPER PRESENTED BEFORE THE MEETING
The following Members verbally declared to have given due consideration to all matters contained in the Business Paper presented before the meeting, excluding late items.
Cr K A Howlett Cr A A Carter Cr S R Martin Cr G J Daccache Cr J M Gillingham Cr S J Coates Cr D W Hooper Cr M Dziombak
ITEM 7 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
7.1 Confirmation of Minutes of Ordinary Meeting of Council held on Wednesday 28 October 2009
200910/137 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr J M Gillingham
That the Minutes of the Ordinary Meeting of Council held on Wednesday 28 October 2009 be confirmed as a true and correct record of proceedings.
CARRIED 8/0
P AGE 15 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/138 Council Decision
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council:
i) nominates Councillor S J Coates on its Working Groups as follows:
a) BHPBIO/Council Joint Projects Working Group Councillor S J Coates (proxy);
b) JD Hardie Youth Precinct Development Working Group Councillor S J Coates; and
iii) nominates Councillor S J Coates as a proxy representative on the external BHP Billiton Consultative Committee.
CARRIED 8/0
REASON: Council resolved to include Councillor S J Coates as a representative on the abovementioned Working Groups and the External Committee, in lieu of his absence when Council considered Agenda Item 11.4.2.5 ‘Elected Member Representation on Council’s Committees and Working Groups; and External Organisations’ at its Ordinary Council Meeting held on Wednesday 28 October 2009.
7.2 Confirmation of Minutes of Special Meeting of Council held on Wednesday 11 November 2009
200910/139 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr G J Daccache
That the Minutes of the Special Meeting of Council held on Wednesday 11 November 2009 be confirmed as a true and correct record of proceedings.
CARRIED 8/0
P AGE 16 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ITEM 8 ANNOUNCEMENTS BY CHAIRMAN WITHOUT DISCUSSION
Mayor advised Council of her Activity Report for October and November 2009, as follows:
Thursday, 29 October • Meeting Virgin Blue (Timothy Davern Corporate Sales Manager and Amanda Gladstone Corporate Account Manager SA and WA), Deputy Mayor, Chief Executive Officer Monday, 2nd November • Bus tour & informal discussions Hon Minister Brendan Grylls, LandCorp and PDC Chief Executive Officer Stephen Webster, Deputy Mayor, Chief Executive Officer • Project updates discussion LandCorp Aaron Grant (Project Manager) • LandCorp South Hedland CBD Consultation Wednesday, 4th November • Meeting Bloodwood Tree Assoc Manager Bob Neville, Director Regulatory & Development & Manager Environmental Health – Public Place Drinking Concerns • Elected Member Records Training • TOPH Residents/Community BBQ (Pretty Pool) Wednesday, 11th November • Chair Special Meeting Council • Chair Council Informal Briefing Session (last part) Thursday, 12th November • Attended Port Hedland Liquor Accord Meeting • Assisted manning stall for community consultation LandCorp & Northern Edge Consultants re: South Hedland CBD Town Square proposals Friday, 13th November • CCR/Correct Line Engineering introductions • Chief Executive Officer/Deputy Mayor/Mayor Weekly Meeting • Chief Executive Officer/Deputy Mayor/Mayor & PDC Chief Executive Officer Weekly Meeting • Meeting Water Corporation Kerrie Chapman (Regional Business Manager), Chief Executive Officer • Meeting Hon Tom Stephens MLA, Deputy Mayor, Chief Executive Officer • Past Councillor and Mayor “Thank You” Dinner Saturday, 14th November • Grand Opening CCR/Correct Line Engineering • 50th Birthday Celebrations SES Monday, 16th November • Tour Hedland Senior High School with Principal Carolyn Cook, Chief Executive Officer • Meeting DEC Regional Manager Alasdair MacDonald, Chief Executive Officer
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• Meeting BHPBIO Richard O’Connell & Patrik Mellberg, Chief Executive Officer • Meeting Port Hedland Port Authority Chief Executive Officer, Chief Executive Officer • Oz Help Sharon Todd (Hedland Coordinator) Tuesday, 17th November • Meeting with Mayor Sheryl Froese (City of Nedlands) • Meeting with Mayor James Best (City South Perth) Wednesday, 18th November • Meeting BHPBIO Ian Fletcher (Vice President of External Affairs) • Meeting Rapley Wilkinson Darren Staunton Chief Executive Officer (Area A) • Meeting Hancock Prospecting Pty Ltd Tim Crossley (Executive General Manager) • Meeting Horizon Power Rod Hayes (Managing Director), Chief Executive Officer • Meeting Auzcorp Michelle Hurba (Chief Executive Officer) & Haniff Kassim (Chairman) (Area B & Camp Kooyong), Chief Executive Officer Thursday, 19th November • Meeting LandCorp Ross Holt (Chief Executive Officer), Chief Executive Officer • Meeting DHW Tony Debarro (Director Land & Housing Development) & SHNL Brett Croker (Project Manager SHNL), Chief Executive Officer • Meeting Atlas Iron Ltd David Flanagan (Managing Director), Chief Executive Officer • Meeting North West Iron Ore Alliance (Dr Justin Walawski Chief Executive Officer & Deputy Chairman), Chief Executive Officer • Meeting Satterly Property Group Darren Walsh (Deputy Managing Director) and Justin Crooks (Project Manager) (Styles Rd), Chief Executive Officer • Meeting FORM Lynda Dorrington, Chief Executive Officer • Attended exhibition “Every Colour Is You” Form Gallery Perth, Chief Executive Officer Friday, 20th November • Attended Dept Local Government Mayors & Presidents Workshop • Attended Tidy Towns/Sustainable Communities State Award Luncheon, Deputy Mayor Saturday, 21st November • Attended 2009 PAWS Walk • Mayor Coffee Session (Shana’s Cafe, Port Hedland), Cr Gillingham • Mayor Coffee Session (Sunwonder Cafe, South Hedland) • Attended Port Hedland Community Crime Prevention Meeting
P AGE 18 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Sunday, 22nd November • Councillor Informal & Drive Around Council Projects, Deputy Mayor, Cr Gillingham, Cr Hooper, Cr Martin Monday, 23rd November • Attended PDC Community Housing Group Meeting, Chief Executive Officer, Manager Planning • Opened 2009 Hedland Says No To Violence Week Activities • Discussion of development issues (Hedland First National) • Mayor Coffee Session South Hedland Library • Presented Award Hedland Schools Excellence Awards 2009, Chief Executive Officer Tuesday, 24th November • Meeting Dept Education & Training Vicki Jack, Chief Executive Officer • Meeting Dept Child Protection Natasha Bargeus (District Director), Chief Executive Officer • Meeting PANGO Bob Neville (President), Chief Executive Officer • Meeting FMG Vicki James, Chief Executive Officer • Meeting ICC South Hedland Manager Stephen Comeagain Wednesday, 25th November • Meet & greet Kids Club at JD Hardie Centre South Hedland, Deputy Mayor • Chair November OCM
Mayor also advised Council: 1. Council has been successful in securing $75,000 funding from the Department of Sport and Recreation for lighting at the Gratwick Aquatic Centre; 2. A three (3) year extension has been reached with Newcrest Mining Ltd, a partnership that provides $100,00 per year; and 3. Town of Port Hedland staff have attained a Good Driver Rebate from Council’s insurers of $9,554. 4. The Federal Government’s Stimulus Package has approved $147,00 funding towards the Town’s Stairway to the Moon project.
Mayor also advised Council that the Honourable Colin Barnett, MEc, MLA Premier of Western Australia and the Honourable Brendon Grylls, MLA, Minister for Regional Development; Lands; Minister Assisting the Minister for State Development will be visiting Port Hedland this Friday to launch the State’s twins cities announcement.
P AGE 19 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ITEM 9 REPORTS BY ELECTED MEMBERS WITHOUT DISCUSSION
9.1 Councillor J M Gillingham
Councillor Gillingham advised the Councillor’s tour to view Council Projects was very appreciated.
9.2 Councillor S J Coates
Councillor Coates advised Council that the Hedland Stars Astronomy Club had its first event last week; and the Club’s web site www.hedlandstars.org is currently under construction.
Councillor Coates also attending the Sustainable Economic Development for Regional Australia (SEGRA) last month, which focused on the importance of regional remote Australia to the development of Australian. A report from the conference will be forwarded to the Federal Government. Councillor Coates also summarised an idea for Port Hedland from the CSIRO in relation to climate adaption and the minerals industry.
9.3 Councillor D W Hooper
Councillor Hooper attended the Toy Library BBQ and Open Day, who are relocating from Lotteries House; and a meeting at Wngka Mya regarding the Aboriginal Arts Centre.
9.4 Councillor M (Bill) Dziombak
Councillor Dziombak updated Council on the Port Hedland Chamber and Commerce and Industry (PHCCI) including: • At its Annual General Meeting held last month it was reported the Chamber now have a member base of over 350 local businesses and organisations, and its financial position is also very strong; • At the last PHCCI Executive Committee Meeting is was resolved to upgrade the promotion DVD which is used to attract people to the Town; and • The PHCCI’s End of Year event will include the launch of the new annual Community and Business Information Directory on 15th December.
P AGE 20 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ITEM 10 PETITIONS/DEPUTATIONS/PRESENTATIONS/ SUBMISSIONS
10.1 Petition Presented by Ms Karyna Ross
Ms Karyna Ross presented the following petition which has been signed by:
“Petition for the Hedland Council to implement, promote and support a human strategy to get the stay cat and dog, population under control, including highlighting/advertising the need to de-sex domestic pets.
Petition Summary and Background:
I would like the Hedland Council to implement, promote and support a human strategy to get the stray cat/dog population under control. The Council needs to educate and assist the Hedland Community to stop the unwanted breeding of cats and dogs. This would have many benefits including – . A decrease in animal abuse and neglect . Health benefits for domestic pets as a result of de- sexing . A decrease in disease in pets, i.e. feline aids and rabies in dogs . Less native birds and lizards being eaten by starving stray animals trying to survive . A decrease in stray dogs causing hazards on our roads . Less potential for dog attacks to both people and pets. This is an important issue that has long been ignored or put into the “too hard basket”. For every pet cat and dog that is de-sexed and for every stray cat/dog that is humanely caught and euthanized, the every growing problem of another unwanted litter is closer to being controlled. I am signing this petition as this is an important issue to me and I want the Hedland Council to make educating and assisting the Hedland Community in humanely controlling the overpopulation of stray animals a priority. It is not the animals fault, but I’s everyone’s responsibility to help stop the overpopulation of stray animals in Hedland.
Action Petitioned for:
We, the undersigned, are concerned rate payers and members of the Hedland Community who urge our leaders to act now.”
P AGE 21 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
NOTE: Mayor thanked Ms Ross for her feedback and information, and advised that Council does have an Agenda Item relating to this matter included in the Agenda for the Ordinary Council Meeting to be held on 9 December 2009.
10.2 Hedland Tidy Towns Working Group – Presentation of Tidy Towns Awards
Mr Andre Veder and Ms Kim Wiltshire, Members of the Hedland Tidy Towns Working Group, presented the following Awards made to Port Hedland at the recent State Awards ceremony in Perth:
• State Winner for the 2009 Community Action Award • State Winner for the 2009 Enhancing Cultural Identity Award; • State Winner for the 2009 Recycling and Waste Management Award; and • the overall State Winner for the Tidy Towns Sustainable Communities
Port Hedland is now the State’s National Finalist for the National Keep Australia Beautiful Tidy Towns Award.
10.3 Mr Bob Neville, President of Pilbara and Non- Government Organisation (PANGO)
Mr Neville made a presentation to Council on the roles and responsibilities of the Pilbara and Non-Government Organisation (PANGO), including the works done by some of its member not for profit organisations, and the restraints and difficulties faced by the organisation.
P AGE 22 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ITEM 11 REPORTS OF OFFICERS
11.1 Regulatory and Community Services
11.1.1 Director Regulatory and Community Services
11.1.1.1 Monthly Report – Community and Regulatory Services (File No.: 13/04/0001)
Officer Nellie Mackay Executive Assistant Community and Regulatory Services
Date of Report 16 November 2009
Disclosure of Interest by Officer Nil
Summary
Report on activities for the month of October 2009 within the Community and Regulatory Services directorate for Council’s information.
Background
Community and Regulatory Services Monthly report to Council.
Consultation
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Planning Implications
Nil
Budget Implications
Nil
P AGE 23 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Officer’s Comment
Library and Information Services
PORT HEDLAND LIBRARY May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Issues & Renewals 1193 1263 1307 1218 1283 1377 Reservations 25 37 47 50 65 105 New Borrowers 22 31 20 17 28 33 Public Computer Users 159 176 198 169 188 180 Door Count 851 865 969 994 1098 946 Reference Enquiries 70 218 95 56 91 61 General Enquiries 15 21 57 32 38 9 Technical/Computer 13 7 13 7 19 8 SOUTH HEDLAND LIBRARY May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Issues & Renewals 2022 2022 2176 2350 2605 2521 Reservations 88 40 44 39 39 110 New Borrowers 72 66 43 70 62 69 Public Computer Users 486 536 556 511 573 573 Door Count 1603 1702 2085 2267 2444 2447 Reference Enquiries 74 214 146 138 152 140 General Enquiries 34 136 121 99 94 69 Technical/Computer 37 37 41 59 60 43
Local History Enquries Stats commenced Sept 09 8 7
Port and South Hedland Libraries participated in the Australian Government initiative “Books Alive 2009 – 50 books you can’t put down”. This proved very popular as the library stocked the majority of the listed titles and provided a “quick pick” resource for the borrowers.
In preparation for the cyclone season, resources including brochures from the Department of Meteorology have been on display at both libraries.
Halloween Children’s’ Activities were held at South Hedland Library on Saturday 31st October with 22 participants attending.
Libraries - Port & South Hedland Issues & Renewals - Monthly Trendlines 3000
2500
2000
1500
1000 No.of Issues & Renewals
500
0 Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Aug- Sep- Oct- Jul-09 08 08 08 08 08 09 09 09 09 09 09 09 09 09 PORT HEDLAND 871 878 966 908 698 816 775 941 1063 1193 1263 1307 1218 1283 1377 SOUTH HEDLAND 1893 1892 2164 1746 1557 1786 1828 1958 1743 2022 2022 2176 2350 2605 2521
P AGE 24 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Libraries - Port & South Hedland Public Computer Users - Monthly Trendlines 700
600
500
400
300
200 No. of Users Internet of No. 100
0 Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Aug- Sep- Oct- Jul-09 08 08 08 08 08 09 09 09 09 09 09 09 09 09 PORT HEDLAND 126 160 187 134 99 25 113 143 103 159 176 198 169 188 180 SOUTH HEDLAND 480 477 529 373 301 396 403 490 477 486 536 556 511 573 573
Pilbara Family Day Care (PFDC)
Location Carers Carers currently currently within Scheme going through licensing South Hedland 4 1 Wickham - - Karratha 4 1 Newman 4 - Tom Price 1 - Paraburdoo 2 - Point Samson - - TOTAL 15 2
All carers in the scheme were visited by the PFDC Coordinator in the month of October in preparation for the Quality Assurance Validation visit by National Childcare Accreditation Council (NCAC).
The NCAC Quality Assurance Validation visit was conducted over the period 20-23 October. Three carers were visited with one being in Karratha and two in Hedland. The visit was well received.
P AGE 25 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Pilbara Family Day Care - Monthly Trendline
140
120
100
80
Number 60
40
20
0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Children 130 75 71 87 55 48 95 120 84 97 86 70 95 91 70 Families 82 66 62 78 50 43 85 87 67 85 77 58 84 83 63 Average EFT's 45 38 38 43 27 26 42 38 34 40 37 38 41 31 31
Pilbara In Home Care - Monthly Trendline
20 18 16 14 12 10
Number 8 6 4 2 0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Children 12 15 12 7 3 0 12 12 12 12 16 11 13 7 9 Families 3 3 3 2 1 0 2 2 2 2 2 2 3 1 2 Average EFT's 16 19 17 8 1 0 14 16 16 16 15 7 17 8 10
Events and Matt Dann Cultural Centre
The Heritage Festival was held during October with an estimated patronage of 300 people. The day was extremely hot and this was reflected in a lower number of patrons. The stage program was improved from last year and the “Little Miss” event was a very popular addition to the program as was the kid’s zone.
A movie fundraiser was hosted by Port Boutique with funds going towards Golden Oldies rugby tour. This screening attracted 110 patrons.
P AGE 26 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Two cinema events held at the Matt Dann Cultural Centre included an Over the Fence Short Film Festival and the Halloween Friday night movie selection. These events attracted 127 participants.
Events programming for the 2010 year has commenced with details to be published once finalized.
Matt Dann Cultural Centre - Attendance Trendlines
1600
1400
1200
1000
800
No. of Patrons 600
400
200
0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Attendance Movies 1471 178 607 275 528 963 913 299 249 410 409 707 1120 473 463 No. Cinema Screenings 14 5 10 5 10 15 12 8 10 8 7 8 11 6 8 Attendance 122 957 957 1360 750 0 0 194 1005 150 596 0 1247 331 0 Live Performances No. Live Shows 3 7 7 5 2 0 0 2 4 1 2 0 8 2 0
Courthouse Gallery
The Exhibition opening of Helen Ansell’s “Lush” was held during October and attracted an estimated 250 patrons. A private preview of this exhibition was also held for Horizon Power.
Three workshops were held in October being a local artist workshop with Helen Ansell a local artist workshop with Helen Ansell and Sara Barnes and a Photoshop with Christian Fletcher.
P AGE 27 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Courthouse Art Gallery Gallery & Exhibition Attendance 2000
1800
1600
1400
1200
1000
800 No. of of No. Attendees 600
400
200
0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Gallery Total Attendees 1041 1754 1230 553 540 0 796 476 695 736 1111 1345 869 1169 821 Exhibition Attendees 832 300 300 426 533 0 400 0 250 0 350 250 0 500 250 Exhibitions 1 1 1 0 0 0 1 0 1 0 1 1 0 1 1 Workshops Held 3 3 1 0 0 0 1 1 2 1 4 3 2 1 3
Environmental Health Services – Ranger Statistics
Ranger Services Animal Control - Monthly Trendlines 120
100
80
60
40 Number of Animals of Number
20
0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Dogs impounded 58 53 69 82 63 57 49 53 62 109 80 62 58 57 37 Total Dogs released 37 20 10 25 11 14 14 27 28 57 47 22 25 26 35 Cats impounded 28 16 33 42 49 22 30 27 31 37 40 31 32 27 75
P AGE 28 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Ranger Services Vehicles - Monthly Trendlines
60
50
40 Number 30
20
10
0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Parking 17 16 7 8 16 10 10 15 16 10 29 17 24 14 50 Vehicles Impounded 12 13 7 10 6 2 7 1 4 10 5 2 8 3 5
Ranger Services Foreshore & Litter - Monthly Trendlines
35
30
25
Number 20
15
10
5
0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Foreshore Patrols 28 33 29 32 25 29 27 33 30 0 0 0 0 0 0 Litter Contacts 9 10 13 16 12 4 15 5 12 20 21 17 14 18 28
N.B. No dedicated foreshore patrols conducted in Turtle season only.
As an indication of the extent of works which the following table covers, “Total Jobs”, the following ranger related areas are covered:- • Dogs - complaints, attacks, barking complaints, wandering at large, surrender of dogs • Feral cat pickups and cat complaints • Dead dog and cat pickups on roads and roadside • Applications for a third dog property inspections • Fox trapping • Injured wildlife • Injured or maimed cattle
P AGE 29 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
• Snake calls • Animal welfare complaints • Littering complaints including litter on verge • Drinking and littering in parks and reserves • Off road vehicle complaints • Parking complaints • Abandoned vehicles • Caravan and camping complaints • Issue of fire permits • Firebreak property inspections • Fire related calls
Ranger Services Total Jobs Attended and Notices Issued - Monthly Trendline
250
200
150
100 No. of Notices/Jobs 50
0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 08 08 08 08 08 09 09 09 09 09 09 09 09 09 09 Total Jobs 109 85 101 85 109 128 149 106 138 233 150 179 139 162 165 attended Total Notices 55 47 36 38 25 73 44 32 63 95 60 51 55 64 112
Plan for the Future 2008-2013 Progress Report
Council’s Community & Regulatory Services Directorate has provided an update on the projects that they are currently managing (48 of the 110 strategies defined) in line with the current Plan for the Future 2008-2013. The attached report provides an update on the progress and status of the strategies within the C&RS Directorate.
Attachments
Plan for the Future Works Programme for Community & Regulatory Servies for the period 1 July 2000 to 30 June 2010
P AGE 30 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/140 Council Decis ion/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council receives the Community and Regulatory Services Report for October 2009.
CARRIED 8/0
P AGE 31 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 32 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.1.1.1
P AGE 33 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 34 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 35 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 36 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 37 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 38 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.1.1.2 Delegated Planning, Building & Environmental Health Approvals and Orders for October 2009 (File No.: 18/07/0002 & 07/02/0003)
Officer Nellie Mackay Executive Assistant Community and Regulatory Services
Date of Report 16 November 2009
Disclosure of Interest by Officer Nil
Summary
This item relates to the Planning and Building approvals and Environmental Health Orders considered under Delegated Authority for the month of October 2009. A list of current legal actions is also incorporated.
Background
A listing of Planning, Building and Environmental Health approvals and Orders issued by Council’s Planning, Building and Environmental Health Services under Delegated Authority for the month of October 2009 are attached to this report. Further to Council’s request a listing of current legal actions is also attached to this report.
Consultation Nil
Statutory Implications
Town of Port Hedland Delegation Register 2005 outlines the limitations of delegated authority and requires a list of approvals made under it to be provided to Council. This report is prepared to ensure Council is advised of the details of applications which have been dealt with under delegated authority.
Policy Implications Nil
Strategic Planning Implications Nil
Budget Implications Nil
Officer’s Comment Nil
P AGE 39 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED PLANNING APPROVALS FOR OCTOBER 2009
P AGE 40 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED PLANNING APPROVALS FOR OCTOBER 2009 (Continued)
P AGE 41 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED PLANNING APPROVALS FOR OCTOBER 2009
P AGE 42 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED BUILDING APPROVALS FOR OCTOBER 2009
P AGE 43 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED BUILDING APPROVALS FOR OCTOBER 2009 (Continued)
P AGE 44 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED BUILDING APPROVALS FOR OCTOBER 2009 (Continued)
P AGE 45 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED BUILDING APPROVALS FOR OCTOBER 2009 (Continued)
Summary & Trendline for Building Licence Approvals
80
70
60
50
40
Licences Issued 30
20
10
0
Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 No of Licences 52 62 73 70 25 32 43 27 31 32 18 52 34 41 45 Issued
P AGE 46 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED BUILDING APPROVALS FOR OCTOBER 2009 (Continued)
Summary & Trendline of Estimated Construction Value of Building Licences Issued
$80,000,000
$70,000,000
$60,000,000
$50,000,000
$40,000,000
$30,000,000
$20,000,000
$10,000,000
$0
Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Estimated Construction $22,680,221 $26,336,156 $22,217,971 $24,558,195 $3,244,322 $11,840,566 $10,139,570 $4,209,939 $12,042,120 $7,619,823 $70,243,761 $16,776,179 $9,586,773 $39,405,765 $13,239,101 Value $
P AGE 47 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 DELEGATED ENVIRONMENTAL HEALTH ORDERS FOR OCTOBER 2009
Current Health Orders under Delegated Authority by Environmental Health Services , (Fauntleroy/Mills) Building Unfit for Human Habitation 207a & 207b Athol Street, Port Hedland ~ SAT hearing occurred 11/8/09. Residences to be restored in accordance with Structural Engineers (I Yujnovich) Report. ~ Site meeting on 14/9/09 identified degree of concern that required works outlined in the RSA may not be completed by next scheduled SAT hearing of 17/9/09. ~ Hearing listed for 17/9/09 has been vacated and relisted for 22 October 2009. ~ Application to SAT by Yujnovich to defer 22/10. Approved and relisted for SAT hearing 26/11/09.
P AGE 48 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 CURRENT LEGAL MATTERS BEING UNDERTAKEN AS AT OCTOBER 2009
P AGE 49 MINUTES : ORDINARY COUNCIL MEETING 28 OCTOBER 2009
Attachments Nil
200910/141 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That the Schedule of Planning and Building approvals, Environmental Health Orders issued by Delegated Authority and the listing of current legal actions for the month of October 2009 be received.
CARRIED 8/0
P AGE 50 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.1.2 Planning Services
11.1.2.1 Proposed Mixed Use Development – Lot 14 (8) Wedge Street Port Hedland (File No.: 154550G)
Officer Leonard Long Planning Officer
Date of Report 3 November 2009
Application No. 2009/510
Disclosure of Interest by Officer Nil
Summary
An application has been received from Whelans (WA) Pty Ltd on behalf of Dogmelon Pty Ltd the registered owners of Lot 14 (8) Wedge Street Port Hedland.
The proposal is to develop in conjunction with the existing “Shop” and “Take away outlet”, 7 single bedroom units on the first floor with parking being provided on the ground floor.
The proposal is being referred to Council for determination as the development is deemed a “USE NOT LISTED”. A use for which the Director Community and Regulatory Services does not in terms of the delegation register for 2008 have delegation to consider.
Background
The Site
In terms of the Port Hedland Town Planning Scheme No. 5, Lot 14 (8) Wedge Street is zoned “Town Centre”. The lot measures 1,012m² in area, with main frontage onto Wedge Street with access to the rear via the existing Right Of Way.
The applicant proposes to develop the site with 7 single bedroom units on the first floor with parking being provided on the ground floor.
The Residential Design Codes allow for mixed use developments where dwellings can be combined with non-residential uses, provided that such development is compatible with “Multiple Dwelling” standards, in this regard “Multiple Dwellings” are considered an “SA” use by the Port Hedland Town Planning Scheme No. 5. Therefore, the development complies with the definition of a “Mixed Use Development”, as defined by the Residential Design Codes.
P AGE 51 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
However, as the Town of Port Hedland Town Planning Scheme No. 5, does not make provision for “Mixed Use Developments”, the development needs to be considered as a “Use Not Listed”.
The application has been assessed in accordance with both the Residential Design Codes and the Port Hedland Town Planning Scheme No. 5, the aspects of the assessment is further discussed under the officer’s comments.
Consultation
The application has been referred internally to obtain any comments. Comments received from the internal sections have been included where appropriate in the recommendations.
In addition, the application has been circulated to the adjoining property owners to obtain comments in regard to the proposed walls on the boundary, parking and setback variations. Furthermore, due to a high voltage transformer being located on the lot the application was forwarded to Horizon Power. No comments were received from either adjoining property owners or Horizon Power.
Statutory Implications
In accordance with the Planning and Development Act 2005, the proposed development is subject to the provisions of the Port Hedland Town Planning Scheme No. 5.
Policy Implications
Nil
Strategic Planning Implications
Key Result Area 4 – Economic Development Goal Number 5 – Town Planning and Building Strategy 1 – Work with key stakeholders to ensure that the Land Use Master Plan is implemented.
Budget Implications
An application fee of $ 2,600.00 was paid on lodgement and deposited into account 10063260 – Town Planning Fees.
Officer’s Comment
The application is considered a catalyst for further development within the Town Centre which would assist in the realization of the Town Centre as envisaged in the Land Use Master Plan.
P AGE 52 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Whilst the proposed development would have a distinct benefit to the Town Centre, due consideration must be given to the following:
• Streetscape to the R.O.W • Walls on boundaries • Carparking
Streetscape
In terms of the streetscape, with particular regard to the Wedge Street streetscape, the applicant is to provide an alternative design / treatment for the walls facing Wedge Street as well as the Right Of Way at the rear of the lot.
Such design / treatment is to address how passive surveillance of Wedge Street and the Right Of Way could be achieved whilst at the same time providing an attractive streetscape.
Walls on boundaries
In terms of the Residential Design Codes a mixed use development may have walls on the boundary for two-thirds of the boundary behind the street setback up to 6m in height.
The proposal varies from the acceptable development criteria. As provided in the Residential Design Codes if a development varies from the acceptable development criteria the applicant can provide justification in terms of the performance criteria. In this regard the applicant has provided the following justification:
Performance Criteria - Make efficient use of space.
“The proposed nil setbacks provide the maximum developable land area for the dwellings, by minimizing unnecessary setback to adjoining commercial properties”
Performance Criteria - Enhance privacy.
“By proposing the buildings to be constructed on the boundaries, the development has been internally focused to promote privacy for the dwellings”
Performance Criteria – Otherwise enhance the amenity of the development.
“Maximum available floor area has been provided for the dwellings”
Performance Criteria – Not have any significant adverse impact on the amenity of the adjoining properties.
P AGE 53 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
“This criterion is given greater consideration only in a residential zone. Given the commercial setting of the subject site, where buildings built on boundaries are commonplace, the proposed development will not adversely impact on adjoining properties.”
Performance Criteria – Ensure that direct sun to major openings to habitable rooms and outdoor living areas of adjoining properties is not restricted.
“Similar to the above criterion, we contend this criteria is more important in a residential context, and therefore is not applicable to assessment of this proposal.”
From a Planning perspective the applicants justifications are acceptable given the location of the proposed development in the “Town Centre”.
It must be noted that due to the development consisting of existing buildings that are located on the lot boundary, there is no requirement for landscaping to be provided.
Carparking
Whilst it is accepted that the existing uses located on the lot being a take away food outlet and shop, has parking provided within the Wedge Street road reserve, any new or additional development would have to comply with the current parking requirements.
In regard to the proposed development of 7 single bedroom units require an additional 9 carparking bays to be provided on the lot. The applicant has proposed to provide 16 carparking bays on the lot with ingress and egress from the Right Of Way at the rear of the lot. Not only does this provision comply with the additional requirements, it provides additional carparking bays which could be used by the staff of the existing uses. This would result in a reduced demand on the existing carparking bays being provided within the Wedge Street road reserve, and freeing up bays to be utilized by the patrons of the existing as well as the surrounding uses.
Attachments
1 Locality Plan 2 Site and floor plans 3 Elevations
P AGE 54 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/142 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr G J Daccache
That Council approves the application submitted by Whelans (WA) Pty Ltd on behalf of Dogmelon Pty Ltd for a “Mixed use development” as a “USE NOT LISTED” comprising of 7 single bedroom units, shop and take away food outlet at Lot 14 (8) Wedge Street, Port Hedland, as indicated on the approved plans, subject to the following:
i) This approval relates only to the proposed 7 single bedroom units and other incidental development. It does not relate to any other development on this lot;
ii) This approval to remain valid for a period of twenty four (24) months if development is commenced within twelve (12) months, otherwise this approval to remain valid for twelve (12) months only.
iii) Prior to the submission of a Building Licence the plans be amended, to provide passive surveillance opportunities to the Right Of Way, to the satisfaction of the Manager Planning.
iv) Fencing proposed along the Right Of Way shall be visually permeable and no higher than 1.8m.
v) Clothes drying facilities shall be provided within each individual unit. No clothes drying facilities s hall be permitted elsewhere on the lot.
vi) A minimum of 16 parking bays are to be provided in accordance with Appendix 7 of Council’s Town Planning Scheme No. 5, and to the satisfaction of the Manager Planning.
vii) The parking areas and / or associated access ways s hall not be used for storage (temporary or permanent) without the prior approval of the Town.
viii) The driveways and crossovers shall be designed and constructed to specifications of the Manager Infrastructure Development, and to the satisfaction of the Manager planning, prior to the occupation of the buildings.
ix) All storage / service areas shall be suitably screened and access doors / gates closed other than when in use, to the satisfaction of the Manager Planning.
P AGE 55 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
x) The mechanical ventilation discharge points shall be located no less than 6m from any outdoor air-intake opening, natural ventilation device or opening, and is to be to the specifications of the Manager Environmental Services and to the satisfaction of the Manager Planning.
xi) Any roof mounted or freestanding plant or equipment, such as air conditioning units, to be located and / or s creened so as not to be visible from beyond the boundaries of the development site, to the satisfaction of the Manager Planning.
xii) The R.O.W laneway is to be upgraded to the specifications of the Manager Infrastructure Development and to the satisfaction of the Manager Planning.
xiii) A Rubbish Collection Strategy / Management Plan shall be submitted to and approved by the Town prior to the commencement of works. The strategy / plan shall consider service vehicle maneuvering on the internal roads of the development. Any alterations to the approved plans required as a result of the strategy / plan shall be incorporated into the building licence plans. The approved strategy / plan shall be implemented to the satisfaction of the Manager Planning
xiv) Stormwater disposal to be designed in accordance with Council’s Engineering Department Guidelines, and all to the satisfaction of the Manager Planning.
xv) The submission of a construction management plan at the submission of a Building Licence application stage for the proposal detailing how it is proposed to manage:
a) The delivery of material and equipment to the site; b) The storage of material and equipment on the site; c) The parking arrangements for the contractors and subcontractors; d) Impact on traffic movement; e) Operation times including delivery of materials; f) Other matters likely to impact on the surrounding uses; g) Building waste management control; h) Point if contact of personnel for control of enquiries and any complaints; and
all to the satisfaction of the Manager Planning.
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FOOTNOTES:
i) You are reminded that this is a Planning Approval only, and does not obviate the responsibility of the developer to comply with all relevant building, health and engineering requirements.
ii) Be advised that compliance with Section 4 – Ventilation of Enclosures used by vehicles with internal combustion engines of Australian Standard 1668.2-1991 for the car park enclosure is to be demonstrated to the Town’s Environmental Health Services Department.
iii) Be advised that the Town’s Environmental Health Services Department has raised the following matters. If any of these matters require clarification, please contact the said department on 9158 9325.
a) Where, in a building, a laundry is situated adjacent to a kitchen or a room where food is stored or consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to the roof or ceiling. b) Where there is an opening between a laundry and a kitchen or other room where food is stored or consumed, the opening shall: • Not be more than 1220mm wide, and • Have a door which when closed shall completely fill the opening
iv) The developer to take note that the area of this application may be subject to rising sea levels, tidal storm surges and flooding. Council has been informed by the State Emergency Services that the one hundred (100) year average recurrence interval (A.R.I) cycle of flooding could affect any property below the ten (10) meter level AHD. Developers shall obtain their own competent advice to ensure that measures adopted to avoid that risk will be adequate. The issuing of a Planning Consent and / or Building Licence is not intended as, and must not be understood as, confirmation that the development or buildings as proposed will not be subject to damage from tidal storm surges and flooding.
v) Applicant is to comply with the requirements of Worksafe Western Australia in the carrying out of any works associated with this approval
CARRIED 8/0
P AGE 57 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 1 TO AGENDA ITEM 11.1.2.1
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ATTACHMENT 2 TO AGENDA ITEM 11.1.2.1
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ATTACHMENT 3 TO AGENDA ITEM 11.1.2.1
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11.1.2.2 Proposed Section 70A Notification for Lot 35 (10) Edgar Street, Port Hedland (File No.: 120500G)
Officer Leonard Long Planning Officer
Date of Report 6 November 2009
Application No. 2008/387.01
Disclosure of Interest by Officer Nil
Summary
Council is requested to resolve to affix the Town’s common seal to a section 70A notification form, which will enable the lodgement of the form with the Registrar of Titles.
Background
A development approval granted under Delegated Authority, on Lot 35 (10) Edgar Street, Port Hedland for the development of grouped dwellings in addition to the existing heritage building “Glass House” was granted on 25 September 2009. One of the conditions imposed as part of the approval reads as follows:
“Prior to commencing works, the land owner is to prepare a notification under section 70A of the Transfer of Land Act 1893, in a form acceptable to the Town, to be lodged with the Registrar of Titles for endorsement on the Certificate of Title for the subject lot. This notification is to be sufficient to alert prospective landowners or occupiers that;
a) In terms of the Town of Port Hedland Municipal Inventory of Heritage Places, the existing duplex dwelling formally known as the “Glass House” is significant for associations with Glass and as a representative example of typical north west bungalow housing of the period. “Glass House” contributes to the character and streetscape of Port Hedland town.
b) The existing duplex dwelling formally known as the “Glass House” is regarded as a place of considerable cultural heritage significance to the Town of Port Hedland that is worthy of recognition and protection through provisions of the Town of Port Hedland’s Town Planning Scheme. Planning application needs to be submitted to the Town of Port Hedland for any proposed development.
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c) The existing duplex dwelling formally known as the “Glass House” is to be retained and conserved.”
In order to finalize the section 70A form and obtain the Town’s common seal, a Council resolution is required.
Consultation
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Planning Implications
Nil
Budget Implications
Nil
Officer’s Comment
The required section 70A notification is an important way of being able to ensure that any prospective owner / buyers of the lot are eluded to the restrictions / conditions pertaining to the existing heritage building “Glass House”, and its significance to the Town.
The use of the section 70A notification as a condition of approval is considered vitally important and clearly indicates to any prospective purchasers the restriction pertaining to the existing heritage building.
The use of the Town’s common seal will only enable the lodgement of the application with the Registrar of Titles and will not complete the land owner / developers obligations under the condition. To complete their obligation, a copy of the documentation confirming the registration of the notification must be supplied to the Town.
In light of the above Council is requested to grant approval for the use of the Town’s common seal.
Attachments
Nil
P AGE 62 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/143 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council:
i) Approves the use of the Town’s common seal for the purposes associated with the registering of a section 70A notification on Lot 35 (10) Edgar Street, Port Hedland, and
ii) Advises the applicant that once the notification is registered and a copy of the documentation confirming the registration is provided to the Town, it will be deemed that condition 2 of Planning Approval 2009/387 has been s atis factorily complied with.
CARRIED 8/0
P AGE 63 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.1.2.3 Proposed Mixed Use Development – Lot 41 (19) Edgar Street Port Hedland (File No.: 128650G)
Officer Leonard Long Planning Officer
Date of Report 3 November 2009
Application No. 2009/694
Disclosure of Interest by Officer Nil
Summary
An application has been received from Willcox & Associates on behalf of Xin Yu Pan & Ping Ye the registered owners of Lot 41 (19) Edgar Street Port Hedland.
The proposal is to develop a mixed use development consisting of a ground floor shop area and reception area to operate the proposed holiday accommodation units, two holiday accommodation units on the first floor, nine holiday accommodation units on the second floor, 3 holiday accommodation units and 6 permanent residential units on the third floor.
The proposal is being referred to Council for determination as the development is deemed a “Use not listed”. A use for which the Director Community and Regulatory Services does not in terms of the delegation register for 2008 have delegation to consider.
Background
The Site
In terms of the Port Hedland Town Planning Scheme No. 5, Lot 41 (19) Edgar Street is zoned “Town Centre”. The lot has an area of 1012m², with frontage onto both Edgar Street and Anderson Street. Access to the development is proposed via the existing Right Of Way.
The zoning permits the proposed land uses in the following manner:
Shop : “P” (the development is permitted by the scheme)
Holiday Accommodation : “AA” (the development is not permitted unless the Council has granted planning approval.)
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Multiple Dwellings : “SA” (the development is not permitted unless the Council has granted planning approval after giving notice in accordance with clause 4.3)
The Residential Design Codes allow for mixed use developments where dwellings can be combined with non-residential uses, provided that such development is compatible with “Multiple Dwelling” standards. The development complies with the definition of a “Mixed Use Development” as defined.
However, the Town of Port Hedland Town Planning Scheme No. 5, does not make provision for “Mixed Use Developments”, so the development needs to be considered as a “Use Not Listed”.
The application has been assessed in accordance with both the Residential Design Codes and the Port Hedland Town Planning Scheme No. 5, and the assessment is further discussed under the officer’s comments.
Consultation
The application has been referred internally to obtain any comments. Comments received from the internal sections have been included where appropriate in the recommendations.
In addition hereto, the application has been circulated to the adjoining property owner to the north to obtain comments in regard to the proposed development.
The property owner has offered the following comments:
“We don’t think the modern look of this building will match the mining town of Port Hedland – this is a nice building and would look great in South Perth. Other than that, it would be an asset to the town central, we hope it won’t stick out like a sore thumb, being four storeys high.”
Town Planning Response:
From a planning perspective it is acknowledged that the proposed design of the building is not reflective of the existing buildings within the Town Centre. However, it must be recognised that development in the Town Centre has in the past been minimal and the proposed building reflects the modern era where the Town Centre should capitalize on. In addition, the trend that is beginning to emerge in the Town Centre is to develop multiple storey buildings.
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Statutory Implications
In accordance with the Planning and Development Act 2005, the proposed development is subject to the provisions of the Town of Port Hedland Town Planning Scheme No. 5.
Policy Implications
Nil
Strategic Planning Implications
Key Result Area 4 – Economic Development Goal Number 5 – Town Planning and Building Strategy 1 – Work with key stakeholders to ensure that the Land Use Master Plan is implemented.
Budget Implications
An application fee of $ 13,200.00 was paid on lodgment and deposited into account 10063260 – Town Planning Fees.
Officer’s Comment
The application is considered a catalyst for further development within the Town Centre which would assist in the realization of the Town Centre as envisaged in the Land Use Master Plan.
Whilst the proposed development would have a distinct benefit to the Town Centre, due consideration must be given to the following:
• Streetscape • Walls on the Boundary • Carparking • Awning in the Road Reserve
Streetscape
The applicant has, through his design of the building, achieved an acceptable streetscape to both Edgar Street and Anderson Street. The design allows for a commercial interface on the ground floor which is conducive to a town centre environment. Whilst the residential and holiday accommodation units also provide passive surveillance of Edgar Street, Anderson Street and the R.O.W.
Walls on boundaries
Through the design the applicant has limited the overlooking onto the adjacent lot to the walkways. The walkways are not considered habitable spaces and therefore from a planning perspective would not have a detrimental effect on the adjoining lot or any possible future development thereof.
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Carparking
Whilst it is accepted that the existing uses located on the lot being a take away food / restaurant, has parking provided within the Edgar Street road reserve, any new or additional development would have to comply with the current parking requirements.
In terms of the Town of Port Hedland Town Planning Scheme No. 5, the proposed development requires 43 bays to be provided, in accordance with Appendix 8, on the lot.
The applicant has provided 29 carparking bays within the development and an additional 11 bays within the road reserve, being 5 existing carparking bays within Edgar Street which could be attributed to the existing use and 7 new carparking bays within the Anderson Street road reserve. This brings the total number of carparking bays being provided for the development up to 40 carparking bays, leaving a shortfall of 3 carparking bays. The applicant has provided the following justification and remedy for the proposed shortfall. (it must be noted that the applicant indicates the shortfall to be 2 carparking bays, after further calculations of the parking requirements the shortfall is as mentioned 3 carparking bays.)
“In addition to the Onsite and Adjacent bays a further two car bays are required either as reciprocal use or assumed existing car parking for the existing restaurant. As there are two separate uses on the site with different hours of peak operation Council may permit some discounting in required car bays. A reasonable request would be for 50% of the Commercial parking to be offset as reciprocal bays being 8.25 bays. The request for 2 reciprocal bays is well short of the reasonable calculation of 8.25 bays potentially available for reciprocal use. In addition to the reciprocal use bays the Assumed Car parking for the existing restaurant could also be included in the calculations. Unfortunately the ToPH officers were unable to confirm the existing required and provided bays for the existing restaurant uses. We believe it is reasonable to request a 2 bay variation for the reciprocal or assumed parking offsets.”
From a planning perspective the concept of reciprocal use parking bays is commonly found within town centre’s and mixed use developments and is supported in this location.
Awning in the Road Reserve
The applicant has proposed a cantilevered awning around the majority of the Anderson and Edgar Street frontages which will extend 2m over the footpath. Whilst the concept is supported the applicant will have to, prior to the construction of the awnings,
P AGE 67 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
provide Council with detailed drawings, which would then be further assessed and conditioned.
Attachments
1 Locality Plan 2 Site and floor plans 3 Elevations
200910/144 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr sc
That Council approves the application s ubmitted by Willcox & Associates Pty Ltd of behalf of Xin Yu Pan and Ping Ye, for a “Mixed use development” as a “Use not listed” at Lot 41 (19) Edgar Street, Port Hedland, as indicated on the approved plans, subject to the following:
i) This approval relates only to the proposed ground floor shop area, two holiday accommodation units on the first floor, nine holiday accommodation units on the second floor, 3 holiday accommodation units and 6 permanent residential units on the third floor and other incidental development. It does not relate to any other development on this lot;
ii) The development must only be used for purposes which are related to the operation of a “Shop”, “Holiday Accommodation” and “Multiple Dwellings” as indicated on the approved plans. Under the Town of Port Hedland Town Planning Scheme No. 5, the above approved uses are defined as follows:
“Shop: any building and associated land where goods are displayed or offered for sale by retail or hire of non- industrial goods or where services or a personal nature are provided, including a betting agency but excluding a showroom, take away food outlet and garage sale.”
“Holiday accommodation: Any land and / or buildings used predominantly by travellers and holiday-makers and designed to take advantage of a tourist attraction or other locational consideration for tourism reasons including camping areas, areas for movable dwellings, chalets parks and services apartments or any combination thereof but excluding hotel and motel and Bed / Breakfast facilities.”
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“Multiple dwelling: A dwelling in a group of more than one where any part of a dwelling is vertically above part of another.
iii) This approval to remain valid for a period of twenty four (24) months if development is commenced within twelve (12) months, otherwise this approval to remain valid for twelve (12) months only.
iv) Prior to the commencement of works appropriate arrangements with the appropriate authorities being made for the awnings which protrude into the road reserve all to the satisfaction of the Manager Planning.
v) Prior to the submission of a Building Licence, amended plans being submitted to and approved by the Town incorporating the following amendments:
a) Detailed plans indicating design of the proposed verge parking in Anderson Street and the kerbing radius at the intersection of Edgar and Anderson Street.
b) Provide detailed plans addressing the turning movements from the R.O.W to the proposed ramp and parking area.
all to the specifications of the Manager Infrastructure Development and to the satisfaction of the Manager Planning.
vi) The shop floor area shall be limited to 303.6m².
vii) The development shall have a maximum of 14 Holiday Accommodation units which shall be restricted to units 1 – 14.
viii) The development shall have a maximum of 6 dwelling units (Multiple Dwellings), which shall be restricted to units 15 – 20.
ix) Clothes drying facilities shall be provided within each individual unit. No clothes drying facilities s hall be permitted elsewhere on the lot.
x) A minimum of 29 parking bays are to be provided in accordance with Appendix 7, of Council’s Town Planning Scheme No. 5, and to the satisfaction of the Manager Planning.
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xi) The driveways and crossovers shall be designed and constructed to specifications of the Manager Infrastructure Development, and to the satisfaction of the Manager Planning, prior to the occupation of the building.
xii) The parking areas and / or associated accessways shall not be used for storage (temporary or permanent) without the prior approval of the Town.
xiii) The parking areas shall not be reserved for exclusive use by any of the uses within the development.
xiv) All storage / service areas shall be suitably screened and access doors / gates closed other than when in use, to the satisfaction of the Manager Planning.
xv) Any roof mounted or freestanding plant or equipment, such as air conditioning units, to be located and / or screened so as not to be visible from beyond the boundaries of the development site, to the satisfaction of the Manager Planning.
xvi) Within 30 days of this approval, a detailed landscaping and reticulation plan including the Anderson and Edgar Street verges, must be submitted to and approved by the Manager Planning. The plan to include species and planting details with reference to Council’s list of Recommended Low-Maintenance Tree and Shrub Species for General Landscaping included in Council Policy 10/001.
xvii) Within 60 days, or such further period as may be agreed by the Manager Planning, landscaping and reticulation to be established in accordance with the approved detailed plans to the satisfaction of the Manager Planning.
xviii) Stormwater disposal to be designed in accordance with Council’s Engineering Department Guidelines, and all to the satisfaction of the Manager Planning.
xix) Waste receptacles are to be stored in a suitable enclosure to be provided to the specifications of Council’s Health Local Laws 1999 and to the satisfaction of Manager Planning.
xx) The development must comply with the Environmental Protection (Noise) Regulations 1997 at all times.
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xxi) All dust and sand to be contained on site with the use of suitable dust suppression techniques to the specification of the Manager Environmental Health Services and to the satisfaction of the Manager Planning.
xxii) The submission of a construction management plan at the submission of a Building Licence application stage for the proposal detailing how it is proposed to manage:
a) The delivery of material and equipment to the site; b) The storage of material and equipment on the site; c) The parking arrangements for the contractors and subcontractors; d) Impact on traffic movement; e) Operation times including delivery of material; f) Other matter likely to impact on the surrounding uses; g) Building waste management control; h) Point of contact of personnel for control of enquiries and any complaints; and
all to the satisfaction of the Manager Planning.
FOOTNOTES:
i) You are reminded that this is a Planning Approval only, and does not obviate the responsibility of the developer to comply with all relevant building, health and engineering requirements.
ii) The developer to take note that the area of this application may be subject to rising sea levels, tidal storm surges and flooding. Council has been informed by the State Emergency Services that the one hundred (100) year average recurrence interval (A.R.I) cycle of flooding could affect any property below the ten (10) meter level AHD. Developers shall obtain their own competent advice to ensure that measures adopted to avoid that risk will be adequate. The issuing of a Planning Consent and / or Building Licence is not intended as, and must not be understood as, confirmation that the development or buildings as proposed will not be subject to damage from tidal storm surges and flooding.
iii) Applicant is to comply with the requirements of Worksafe Western Australia in the carrying out of any works associated with this approval.
CARRIED 8/0
P AGE 71 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 1 TO AGENDA ITEM 11.1.2.3
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ATTACHMENT 2 TO AGENDA ITEM 11.1.2.3
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ATTACHMENT 3 TO AGENDA ITEM 11.1.2.3
P AGE 76 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.1.2.4 Proposed New Living Project Subdivision Application for 3 Lots into 16 Lots Involving Lots 6107, 6108 and 6177 – Cottier Drive, Kennedy Street and Stanley Street, South Hedland (File No’s: 803128G, 804138G and 804139G)
Officer Leonard Long Planning Officer
Date of Report 16 November 2009
Application No. 2008/698
Disclosure of Interest by Officer Nil
Summary
Taylor Burrell Barnett on behalf of the Department of Housing Works (DHW) – New Living Project in South Hedland, has submitted a subdivision application for Lots 6107, 6108 and 6177 - Cottier Drive, Kennedy and Stanley Street, South Hedland (Attachment 1 – Locality Plan).
Background
The application forms part of the New Living Project to develop unused portions of land within South Hedland, and to formalize the lot boundaries for the much anticipated Marquee Park.
In March 2009 Council resolved subject to conditions to support the subdivision of 6 lots into 31 lots involving Lots 6177, 6108, 6107, 2424, 2430 and 2429.
Site
The site is currently undeveloped with little native vegetation located thereon. In terms of the Town Planning Scheme No. 5 the lots are zoned “Residential” with a coding of R – 30, accumulatively the lots measure 10,119m² in extent.
Proposal.
The proposal comprises of Lots 6107, 6108 and 6177 and are bound by Cottier Drive to the south, Stanley Street to the east and Kennedy Street to the west.
The proposal is to create 13 single house lots with varying sizes of 509m² to 601m². One grouped housing site of 3,087m² a Commercial / community lot of 4,505m² and a Public Open Space lot of 1.4418ha proposed to be for the development of the Marquee Park.
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Consultation
The application requires no external comments, however, it is noted that the New Living Project including the Marquee Park has been extensively advertised within the general community by way of various media releases.
Internal Comments
The application has been referred to the Council’s Engineering Services for comment and appropriate comments have been incorporated as conditions, and or footnotes, within the recommendation.
Statutory Implications
The Western Australian Planning Commission (WAPC) is required under Part 10 – Subdivision and Development Control, Clause 142 – Objections and Recommendations of the Planning Development Act 2005 (P & D 2005) to refer for comments any applications for subdivision.
Within 42 days of receiving the application from the Western Australian Planning Commission, the Town is required to provide their comments.
Policy Implications
• 9/007: Roadside, verge and reserve parking policy. • 9/008: Verge treatment policy • 12/002: Offsite car parking policy
Strategic Planning Implications
Key Result Area 4: Economic Development Goal Number 4: Land Development Projects Strategy 2: “Work with the South Hedland New Living Project to ensure that sustainable development lots consistent with the principles of Council are made available within South Hedland within a timely manner.”
Key Result Area 2: Community Pride Goal Number 3: Townscape Strategy 1: “Work closely with the Department of Housing and Works to implement the South Hedland New Living Project.”
Budget Implications
The applications are only referred to the Town for a recommendation and therefore no fees are applicable.
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Officer’s Comment
The subdivision plan has been assessed against the Town’s Local Planning Strategy (Land Use Master Plan), The Parks Improvement Plan and the Residential Land Rationalisation Plan and is deemed to be compliant will all.
The assessment has identified a number of strategic design areas that should be suitably address by the applicant prior to the commencement of subdivision works. These are as follows:
• Design Guidelines for the treatment, development and upgrading of proposed linear open space, which relates to the central spine of the Parks Improvement Plan, • Design Guidelines for all corner lots, to ensure that these lots are developed with the dwelling(s) addressing both the primary and secondary streets.
To ensure that these points are addressed, conditions have been included to require the applicant to develop suitable statutory documents, i.e. Guidelines, Policy or similar prior to the commencement of subdivision works.
The application is recommended subject to those conditions and footnotes contained within the recommendation.
Attachments
1. Locality Plan 2. Subdivision Plan
200910/145 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council advises the Western Australian Planning Commission that it SUPPORTS the subdivision application for the creation of 16 lots comprising of Lots 6107, 6108 and 6177 – Cottier Drive, Kennedy and Stanley Streets, South Hedland subject to the following conditions and footnotes:
1. The subdivision layout be amended as follows:
a. Increasing the corner truncation of proposed Lot 1 from 4.1m to 8.5m, to ensure adequate visibility, and
b. Obtain confirmation from the Manager Infrastructure Development and Main Roads Western Australia as to the necessity of the raised pedestrian crossing and amend the subdivision plan accordingly.
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c. Remove the description of proposed Lot 15 as Commercial / Community and the description of Public Open Space.
2. Prior to the commencement of works:
a. Develop detailed designs for the proposed Linear Open Space which reflects the intended functions of the linear open spaces as a Local Reserve – Level 2 which acts as a connector between the water tower and Marquee Park,
b. Development works to include landscaping at civil works (dual use path) within the median dividing Stanley Street and the new road parallel to Stanley Street as well as the proposed new road running east west,
c. Dual use paths to be provided to all roads where not already existing,
d. Develop Design Guidelines for all corner lots to ensure that these lots are developed with the dwelling(s) addressing both the primary and secondary street and be submitted to and approved by the Town,
all to the satisfaction of the Manager Planning.
3. The approved plans / documents relating to condition 2, being implemented to the satisfaction of the Manager planning.
4. Those lots not fronting an existing road being provided with frontage to a constructed subdivision road connected by a constructed subdivision road(s) to the local road system and such subdivision road(s) being constructed and drained at the subdivider’s cost. As an alternative, the Western Australian Planning Commission is prepared to accept the subdivider paying to the Local Government subject to the Local Government giving assurance to the Commission that the works will be completed within a reasonable period acceptable to the Commission.
5. Subdivisional roads to be constructed and dedicated to the boundary of the application area.
6. Suitable arrangements being made with the Local Government for the provision of vehicular crossover(s) to service the lot(s) shown on the approved plan of subdivision.
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FOOTNOTE:
1. Be advised that any development (including retaining walls not exempted by the Residential Design Codes) not covered by this approval or conditions attached there to will require a separate planning approval.
CARRIED 8/0
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ATTACHMENT 1 TO AGENDA ITEM 11.1.2.4
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ATTACHMENT 2 TO AGENDA ITEM 11.1.2.4
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11.1.2.5 Endorsement of Spoilbank and Pretty Pool Concepts for Public Comment (File Nos.: 18/12/0014; 18/14/0001)
Officer Richard Bairstow Manager Planning
Date of Report 16 November 2009
Disclosure of Interest by Officer Nil
Summary
Council is requested to endorse the public advertising of the Spoilbank and Pretty Pool concept plans (Attachment No. 1). The proposal outlines the public adverting procedure, with the intention of gaining public comment on the concepts presented to Council at its informal briefing session on the 11 November 2009.
Background
The Spoilbank and Pretty Pool Concepts, prepared by the Urban Design Centre, are the result of comments made by the Premier of Western Australia, the Hon. Colin Barnett, MEc, MLA, on a visit to Port Hedland earlier this year. The Hon. Colin Barnett made comment on the lessons that Port Hedland could learn from Darwin, as he saw synergies between the two places. He further facilitated, through his Department, a visit to Darwin, for a delegation of Council to observe the similarities first hand.
The delegation spent 5 days in Darwin, investigating opportunities that may present themselves as possibilities for Port Hedland. Two developments, Darwin Water Front (DWF) and Cullen Bay (CB), were considered to be worthy of further investigation. The Darwin Water Front development presented an opportunity for the Spoilbank, and the Cullen Bay project was a potential model for the Pretty Pool area.
Delegation members were requested to provide feedback on their experiences, and any opportunities or concepts that should be considered within a Hedland context. Both the DWF and CB were noted as high priority potential concepts.
In recognition of the high priority placed on these concepts, quotes were obtained from appropriate professionals to develop these, with the Urban Design Centre (UDC) being selected. The UDC was provided with the feedback from the delegation members, and ultimately requested to prepare 2 concepts, low and high density, for the Spoilbank and 3 concepts for Pretty Pool.
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These concepts were presented to Council’s 11th November informal briefing session.
Consultation
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Planning Implications
Key Result Area 4 – Economic Development Goal No. 4 – Land Development Projects Strategy 1 - Fast-track the release and development of commercial, industrial, and residential land, in a sustainable manner, including: • Pretty Pool developments • South Hedland New Living developments • Landcorp’s various industrial land release programs. • Moore St development and West End developments • South Hedland CBD developments • Redevelopment of the Port Hedland Telstra/Water Corporation Site
Key Result Area 4 – Economic Development Goal No. 4 – Land Development Projects Strategy 4 - Commence the development of a marina/safe boating harbour
Budget Implications
Development of the concept plans and any consultation/review etc comes at a cost. Council has however made provision for “Outsource Planning and Legal Expenses” (A/C 1006261) and the costs will be met within the budgetary provision.
Officer’s Comment
These concepts present exciting opportunities for the Town of Port Hedland and are the first step in preparing a development plan for each of these areas.
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To inform Council’s decision making process, it is important that the Community be consulted on the various options proposed and have the opportunity to contribute views and opinions that will ultimately influence the final plans for these iconic areas.
Public consultation including displays, stakeholder workshops and opinion surveys are planned to solicit the highest level response.
Despite the time and potential for a slight delay that may result from consulting widely on this matter, it is strongly believed that Council must provide adequate opportunity for community input to ensure these far reaching and visionary concepts do in fact represent community aspirations for the Town.
Attachments
Spoilbank and Pretty Pool Concepts
That Council endorses the release of the Spoilbank and Pretty Pool Concept Plans for Public consultation.
200910/146 Council Decision/Officer’s Recommendation
Moved: Cr S R Martin Seconded: Cr M Dziombak
That Council endorses the release of the Spoilbank and Pretty Pool Concept Plans for Public consultation.
CARRIED 8/0
P AGE 86 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENTS TO AGENDA ITEM 11.1.2.5
P AGE 87 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 88 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 89 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 90 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 91 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 92 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 93 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.1.2.6 Council Endorsement of the Residential Land Rationalis ation Plan (File No.: 18/12/0015)
Officer Richard Bairstow Manager Planning
Date of Report 16 November 2009
Disclosure of Interest by Officer Nil
Summary
Council is requested to endorse the Residential Land Rationalisation Plan (RLRP) for public release (See Attachment No. 1).
Background
The RLRP is a joint project between the Department of Planning (DP) and the Town of Port Hedland (ToPH), and is a database of all public, and most privately owned, vacant land within the areas shown in Attachment No. 2.
The ToPH has already requested State Land Services (SLS), LandCorp and Department of Housing (DoH), to develop or release vacant land within their control. Various Council Reports have been written, the most recent in August, to Council’s Ordinary Meeting, as Report 11.1.2.3 – Public Land Availability as identified within the RLRP. This report requests the release of lots and/or reserves in the following ways: 1. Direct to the ToPH; 2. Joint ventures between ToPH and other; and 3. Direct release to the market.
Further, in the medium to longer term, and subject to resources, the RLRP will be used to rationalize the over width verges and remnant public open space (POS) left over in South Hedland as a result of the failed Radburn Plan.
The RLRP is the first step in a two stage process. Stage 2 is to complement the RLRP with a Non - Residential Land Rationalisation Plan (NRLRP) covering the area shown in Attachment No. 3.
Both the RLRP and NRLRP are proposed to be live documents, with annual updates proposed.
Consultation
Nil
P AGE 94 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Statutory Implications
Nil
Policy Implications
Nil
Strategic Planning Implications
Key Result Area 2 – Community Pride Goal No. 3 – Townscape Strategy 1 In conjunction with industry, business, and the community, develop improved verge and streetscape treatments throughout the Town.
Budget Implications
The costs of part A and B of the RLRP were covered by the Department of Planning initial grant. However, Part C, which is the single paged sheets for lots identified by the Report to August Council has been paid for separately at a cost of $2750. An additional $10,000 will be required to complete Part C if all identified properties are to be created as individual pages.
N.B. The Non-Residential Land Rationalisation Plan will cost approximately $40,000 + cost of individual site plans. A request for quotes proposal is currently being prepared but that is not part of the current consideration and will be partly recoverable.
Officer’s Comment
The RLRP provides the Town with an exciting opportunity to assist the release and development of vacant land within Port and South Hedland.
There is some discussion at the moment regarding the controlling agency, as both the SLS and DP have been directed to look at the land release issue within the state as a priority issue.
Options
Council has the following options of dealing with the request:
1. Endorse the release of the RLRP for public access. 2. Not endorse the release of the RLRP for public access.
Attachments
A printed copy of the Residential Land Rationalisation Plan is being distributed to Councillors an addendum to the Agenda. 1. Project area map
P AGE 95 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
2. Proposed area to be covered by Non-Residential Land Rationalisation Plan
That Council endorses the release of the Residential Land Rationalisation Plan and authorises its public release.
200910/147 Council Decision/Officer’s Recommendation
Moved: Cr S R Martin Seconded: Cr J M Gillingham
That Council endorses the release of the Residential Land Rationalisation Plan and authorises its public release.
CARRIED 8/0
P AGE 96 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 1 TO AGENDA ITEM 11.1.2.6
P AGE 97 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 2 TO AGENDA ITEM 11.1.2.6
P AGE 98 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.1.3 Environmental Health Services
11.1.3.1 Unauthorised Refuse Site Adjacent to the Turner River Estate (File No.: 25/03/0001)
Officer Darryal Eastwell Manager Environmental Health Services
Date of Report 4 November 2009
Disclosure of Interest by Officer Nil
Summary
To consider rehabilitating an unauthorised refuse site adjacent to the Turner River Estate.
Background
The Town has recently become aware of an unauthorised refuse site situated close to Manilinha Drive being the entry road into the Turner River estate. The site is situated on Munda Station land (see site plan as Attachment 1) and has been utilised by estate residents for some time for the disposal of domestic waste and other disused materials.
From evidence gathered on site it would appear that some individuals in the Turner River estate are dumping household waste in the area. As a result, officers have written to all residents at the Turner River estate reminding them that utilising the unauthorised refuse site is illegal and any further evidence gathered would result in infringement notices being issued to offenders.
Since that time two litter infringement notices have been issued to offenders following the gathering of evidence in dumped rubbish.
Consultation
The Town has consulted with the Department of Environmental Protection in Karratha to seek clarification on treatment options for the site.
The Department would prefer all the rubbish to be removed and the site rehabilitated which is the officers preferred treatment option.
P AGE 99 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Statutory Implications
Nil
Policy Implications
Nil
Strategic Planning Implications
Nil
Budget Implications
A quote has been sought to remove all the rubbish/disused material and transfer it to Council’s landfill facility in South Hedland at a cost of approximately $30,000.00
Works will also be undertaken to deny easy access to the site to prevent further dumping of material and signage will be put in place stating that the dumping of rubbish is prohibited.
The Director of Engineering has stated that if Council decides to authorize the expenditure to undertake the rehabilitation then the works could be allocated to the Litter Collection account.
Officer’s Comment
While the unauthorised refuse site is on Munda Station leased land it is felt that the Town has the responsibility to clear the refuse/disused material as it is highly likely that some residents of the Turner River estate have been the main contributors to the current situation.
Council could ignore the issue, however the unauthorised site represents a serious public health and environmental risk and it will be recommended that the Town rehabilitate the site and take action to prevent easy entry into the area.
Attachments
Site Map
P AGE 100 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/148 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr D W Hooper
That Council:
i) authorise the rehabilitation works of the unauthorised refuse site adjacent to the Turner River Residential estate to be undertaken.
ii) authorise the costs of the works to $30,000 be allocated to Councils Litter Collection account.
iii) write to the leaseholder of Munda Station advising of the proposed works for his approval.
iv) write to the Department of Environment advising of the proposed works.
CARRIED BY ABS OLUTE MAJ ORITY 8/0
P AGE 101 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 1 TO AGENDA ITEM 11.23.1
P AGE 102 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.1.3.2 Introduction of Weekly Rubbish Collection Service to Turner River Estate (File No.: 31/03/0002)
Officer Darryal Eastwell Manager Environmental Health Services
Date of Report 27 October 2009
Disclosure of Interest by Officer Nil
Summary
To consider the introduction of a weekly rubbish collection service to the Turner River Estate by providing a 240 litre mobile bin to each residential property within the estate at the beginning of the next financial year.
Background
The Turner River Estate is located approx 20km west of South Hedland on the Great Northern Highway and consists of 18 lots. Currently, no rubbish collection service is provided by the Town and residents are required to collect their refuse and dispose of it at Council’s South Hedland refuse facility.
The Town of Port Hedland has recently become aware of an unauthorised refuse site which has been utilised for some time which is located near Manilinha Drive, approximately one kilometre from the estate. This unauthorised refuse site is located on Munda Station land and is subject to a separate Council report.
Consultation
Discussions have been undertaken with the Director of Engineering, Mr Russell Dyer whose comments are shown below. A survey of the residents of the estate was also undertaken to determine the level of support for the initiative.
During the survey of the residents it was explained that the Town’s adopted rubbish levy, which is currently $200.00 a year, would be added to the rates notice for payment if the service was introduced.
There are eighteen (18) lots in the subdivision and two of these are still vacant lots. Of the thirteen (13) residents surveyed all were in support of the initiative and 3 residents indicated that they would like to order several bins should the service become available.
P AGE 103 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Statutory Implications
If a rubbish collection service is introduced then all properties that have established a residence will be required to pay the rubbish rate in accordance with section 106 of the Health Act 1911and be provided with a bin which would be emptied on a weekly basis.
“106. Power to make pan charges (1) The local government may, in lieu of, or in addition to a sanitary rate, provide for the proper disposal of sewage, whether within the district or not, by making an annual charge per pan or other receptacle, payable in one sum or by equal monthly or other instalments in advance, in respect of every house or place provided with the service. (2) Such charge shall be levied on the owner or occupier, as the local government may decide, of every house in which any such pan or other receptacle is in use, and may be recovered by the local government in the same way as rates in arrear are recoverable. (3) In the case of houses being erected and becoming occupied during the year for which payment is to be made, the charge thereon for the service provided under this section shall be such sum as will proportionately represent the period between the occupation of the house and the ending of the year for which payment is made. (4) Notice of any charge made under this section may be included in any document containing notice of any rates levied under this Act; but the omission to give any notice of such charge shall not affect the validity of the charge or the power of the local government to recover it. (5) Any such charge may be limited to premises in a particular portion of the area under the control of the local government. (6) Charges under this section may be levied in respect of and shall be payable for all premises in respect of which a service is provided under this section, whether such premises are rateable or not. (7) A local government may, with the approval of the Executive Director, Public Health, make different charges for services rendered in different portions of its district. (8) Where a local government has heretofore or shall hereafter establish a sewerage scheme as authorised by the provisions of Division 1 of Part IV, it may, in lieu of levying a rate as provided for in this Act, make an annual charge, according to the prescribed scale, at per pedestal, and all the provisions of this Act shall apply to any such charge as if it were a rate as aforesaid.”
Policy Implications
Nil
P AGE 104 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Strategic Planning Implications
Nil
Budget Implications
Should the service be introduced, bins would be supplied to all lots with established residences on the property and a rubbish rate would be levied against all occupied properties.
The cost to introduce the service has been calculated on the 09/10 adopted budget figures and information gathered in the survey.
There are sixteen (16) lots that have existing residences and an extra four services were requested during the survey should the service be introduced. Therefore, a total of twenty (20) services will be used in the calculations outlined below.
1.5 Hours per week to complete truck rubbish pick up @ $165 per hour
1.5 x 165 = $247.50 p/week x by 52 = $12,870
Less 20 Bins at service rate $200.00 paid by residents = $4000
Therefore, it would cost Council $8,870.00 per annum to introduce the service. This loss would be incorporated into the calculations when the annual rubbish rate is adopted during the 10/11budget deliberations.
Director Engineering Services Comment
“I generally support the introduction of this service in the new financial year which would cost Council an extra $8870.00 per annum based on 09/10 costs. This loss would need to be calculated and incorporated into the adopted rubbish rate during the 10/11 budget deliberations.
Our senior mechanic Mr Doug Heales has commented that the straight run out to the estate at higher speed will mechanically benefit the rubbish truck fleet and recommends that the fleet be rotated through this particular run. “
P AGE 105 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Officer’s Comment
In recent times the Town has approved many applications for new homes & extensions from land owners in the Turner River Estate. Now the estate is reaching its full development potential the introduction of a weekly rubbish collection service is supported to assist the residents with refuse disposal.
By introducing a weekly Council rubbish service it will ease the burden of rubbish disposal for residents and will improve the public health amenity of the estate.
Attachments
Nil
Officer’s Recommendation
That Council:
i) authorise the introduction of a weekly rubbish collection service to the Turner River Estate in the 2010/2011 financial year.
ii) write to all residents in the estate advising the introduction of the service and estimated charge for the service.
200910/149 Council Decision
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council:
i) authorise the introduction of a weekly rubbish collection service to the Turner River Estate as soon as practicable; and
ii) write to all residents in the estate advising the introduction of the service and estimated charge for the service.
CARRIED BY ABS OLUTE MAJ ORITY 8/0
REASON: Council amended Clause i) of the Officer’s Recommendation to ensure the implementation of a weekly rubbish collection service to be provided as soon as possible, preferably before the commencement of the 2010/2011 financial year.
P AGE 106 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2 ENGINEERING SERVICES
11.2.1 Director Engineering Services
11.2.1.1 Engineering Services Monthly Report (File No.: 13/04/0001)
Officer Russell Dyer Director Engineering Services
Date of Report 13 November 2009
Disclosure of Interest by Officer Nil
Summary
Council’s Engineering Directorate has provided an update on the projects that they are currently managing.
Background
The Engineering Department is currently managing over 60 projects. The attached report is project management focused.
Consultation
Engineering Services officers.
Statutory Implications Nil
Policy Implications Nil
Strategic Planning Implications
The projects within the monthly report reflect the priorities of the Town’s Plan for the Future 2008-2013.
Budget Implications
The projects listed in the Engineering Monthly report have been included in Council’s 2008/09 budget.
Officer’s Comment
Nil.
P AGE 107 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Attachments
1. Works Schedule 2. Airport PAX numbers 3. Recreation Update
That Council receives the Engineering Services monthly report for November 2009.
200910/150 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council receives the Engineering Services monthly report for November 2009.
CARRIED 8/0
P AGE 108 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase Complete Hawks Clubrooms Scope: Installation of temporary COMPLETE clubhouse at McGregor Street Reserve
1108420 Project completed, with final acquittals Diamond 1 Backnet to be undertaken. Scope: Replacement of backnet at COMPLETE Diamond 1 following Cyclone George
Project completed, with final acquittals SHAC Upgrade to be undertaken. Scope: Design, purchase and COMPLETE installation of 7 x shade sails at SHAC
1107430 SHAC Upgrade Complete Scope: Replacement of filters, COMPLETE installation of lockers and changetables. Complete GAC Upgrade 1106430 Scope: Replacement of filters and COMPLETE installation of shade structures
Carry Forward Project. Final Master Plan completed and forwarded to stakeholders with all responses McGregor Street Oval Upgrade provided to Council Oct OCM. Matter 1109451 Scope: Completion of Master Plan for COUNCIL laid on the table, with a presentation to McGregor St Reserve the Nov briefing occurring. Final presentation to the Nov OCM for decision on continuation, rejection or 'other' to be made C/F Project. Project commenced - area fenced, effluent lines removed, pindan removed and sieved sand replaced, with request for additional Recreation Reserve Redevelopment COUNCIL / water meter submitted. Oval currently 1111437 Scope: Upgrade of oval and irrigation CONTRACTORS pegged with new dimensions. Tender at Colin Matheson Oval for Supply and Installation of Turf being re-presented at Nov OCM. Irrigation commences week of 16th Nov, with completion date 18th Dec. Multi-Purpose Rec. Centre - C/F Project. Architectural Designs 1108269 CONTRACTOR Architectural Design being completed with stakeholder
P AGE 109 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase Scope: Completion of Architectural meeting held 16th Oct. Water and Designs sewer connections being investigated, with fire engineering services variation approved 27th Oct. Current QS based at $37.9 million, with aims to reduce to $35.3. Final internal schematics being discussed, along with car parking, building and planning requirements. Architects have indicated that project will complete 6 weeks after final endorsement. Aims are to jointly tender the MPRC with the JD Hardie Centre Upgrade, with tender scheduled for mid Jan 10. Contract Manager to be employed to oversee construction. Business plan to be developed following completion of internal schematics. Project due to commence following Multi Purpose Recreation Centre - completion of architectural designs. 1108420 construction Project anticipated to be jointly
1108421 Scope: Construction of MPRC - Stage tendered with the JD Hardie Centre 1 redevelopment. Tender scheduled to be advertised mid Jan 2010. C/F Project. D&C tender presented to OCM August, with all tenders rejected due to major changes in scope. Colin Matheson Clubrooms Scope altered to exclude commercial 1109455 Scope: Design and Construction of COUNCIL kitchen and individual association Colin Matheson Clubrooms components - final result expected to be a community based facility. Tender scheduled for advertisement mid Nov. C/F Project. Orders for racks placed, Town Cycle Plan: Bicycle Parking with all stakeholders consulted re: Scope: Year 1 component of the Town COUNCIL locations. Bike sheds to be purchased Cycle Plan for certain areas. 5 x circuits identified in both Port and South Hedland. Meeting with Main 1201440 Roads WA occurred on 28th Oct, with Town Cycle Plan: On-road Circuits Perth personnel requiring input into Scope: Year 1 component of the Town COUNCIL these circuits. Some identified roads Cycle Plan may be unable to be utilised due to road widths, however advice/recommendations being provided by Main Roads WA after
P AGE 110 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase which signage and markings will be determined, along with promotion. Shared path completed along Styles Town Cycle Plan: Shared Paths Road and Counihan Road. Crawford Scope: Year 1 component of the Town COUNCIL St being investigated. Cycle Plan
3 x quotes received for completion of Town Cycle Plan: Port to South detailed design for Port to South Hedland Path Hedland path. All have indicated likely COUNCIL Scope: Year 1 component of the Town completion of late-Feb, however Cycle Plan anticipate March to be more realistic (due to OCM timeframes). For discussion with Main Roads WA in Town Cycle Plan: Spot Perth (inc. 'Road Ahead' signage on Improvements COUNCIL footpath instead of Give Way signage). Scope: Year 1 component of the Town BHPB to consider bike edge lane Cycle Plan along Anderson when upgrading. Design component commenced, survey completed, and draft report received. Staff currently reviewing SHAC Design document and making necessary 1107239 Scope: Detailed designs for complete CONTRACTOR changes, prior to presentation to upgrade at SHAC Council at briefing. Application submitted to CSRFF for forward planning. Works to be undertaken over the following 6 months, along with all other McGregor St Reserve RehabScope: 1109454 COUNCIL rehabilitation works of reserves and Upgrading surfaces of sports fields parks. All works are being determined based on need. Plant and Equipment Audit to be JD Hardie Centre P&E undertaken in December 2009, with 1104420 COUNCIL Scope: Updating of P&E at JDHC orders placed in January.
Artificial Turf ordered, with quotes for Cricket Net Upgrades extension of practice pitches being 1109456 Scope: Upgrade to existing cricket nets COUNCIL sourced. in Port and South Hedland
Dept Sport and Recreation have Overhead Lighting Plan advised the $75,000 grant to ToPH Scope: Commencement of NEW COUNCIL has been successful. Scope now recommendations as per OCM being developed for undertaking a endorsement detailed design and these works.
P AGE 111 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase Completing 2008/09 project. GAC P & E Obtaining quotes for pool blanket 1106413 COUNCIL Scope: Purchase of P & E at GAC covers.
Quarterly maintenance on schedule. GAC Gym Maintenance 1105236 Scope: Quarterly audit and review of COUNCIL gym equipment and assets
Project nearing completion. All funds requring acquittal have been Walk it Hedland Project completed, with the remaining funds to 1108264 Scope: Encouraging community COUNCIL be used in Nov 2009 for the PAW members to become physically active Walk, and in March 2010 for the Corporate Challenge. Sea container removal requested, with Safety at Sporting Reserves storage sheds now available. Facility checks done monthly Historical Society providing Hawks Clubrooms recommendations for presentation to OCM Audits received. Priorities placed on Overhead Lights reserves with funding to be requested at quarterly review Dangerous Goods Notification Aquatic Centre developments required. Monthly contract management and maint. Establishment of management Management Committees committees per reserve re: use, Recreation COUNCIL Ongoing maintenance etc - Other Final upgrades to be completed inc. JD Hardie Centre Upgrades road widening, fencing relocation and bike rack installation Healthy Lifestyle policy being Healthy Lifestyle developed to encourage a healthy and active workplace Term 4 commenced. New supervisor JDHC - General to commence 9th Nov. Events being planned Term programs commenced, with JDHC - Term funding for each program. 8 programs occurring Sports programs commenced, with JDHC - Sports new Women's Netball introduced.
P AGE 112 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase JDHC - Holiday Program Program arranged for Jan 2010. CDO to commence 16th Nov, with Club Development business plan developed. Sports Information Fortnightly User Fees New seasons to be invoiced Nov. Caltex and FIC returning information Boundary Fencing re: 50% reimbursement To be advertised Nov 09, for awards Australia Day Sports Awards on Aust. Day Volunteer Recognition Community Event arranged for Dec. Alternatives being investigated, Skatepark Fencing although fencing fully repaired currently Financial difficulties have lead to Swans FC payment plan requiring development. Nov OCM Survey being undertaken of wall to PH Tennis Club Wall determine structural integrity Meeting to determine progress of SH Bowls and Tennis Club redevelopment due to fire. Project Manager to be determined Flushing system for Colin Matheson Waste Water Re-Use System oval pending Council decision at 1011410 Scope: Install flushing system following September OCM. Tender to be trial of new system at KSO prepared.
Old Port Hedland Cemetery Complete Scope: Landscaping and verge 1009480 COMPLETE treatment along Sutherland street adjacent to Old PH Cemetery 1201487, Street Lighting Upgrades Works ongoing as per schedule. 1201422 & Scope: 0809 stage 2 - Captains, HORIZON POWER 1201421 Dongara, Dulverton, Koolama, (R4R) Scadden, plus 0910 Complete pending funding acquittal. Finucane Island Boat Ramp shade 1105410 CONTRACTOR Scope: Installation of 1 shade structure
Finalising reseal area and construction requirements for overflow parking prior Finucane Island Boat Ramp 1105410 CONTRACTOR to sealing. Likely that sealing works Scope: parking, solar lighting will be completed next year during contractors second visit
P AGE 113 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase (approximately April) due to minor reconstruction/preparation works that are required. Solar lighting to be ordered pending calculation of final costings for reseal works. Complete pending funding acquittal. Playground Shade 1111446 Scope: Installation of shade at CONTRACTOR Daylesford and Marapikurrinya parks
Top of boat ramp area to be resealed Port Hedland Boat Ramp with asphalt. Contractors due 1105424 CONTRACTOR Scope: Asphalt seal to top of ramp beginning November.
Clean up is progressing to schedule. New fence to rear boundary is Cemetery Upgrade complete. Replacement of mesh to Scope: Main Cemetery, concrete existing posts and rails on side fence 1009481 CONTRACTOR lintels, replace plot markers, fencing, is 80% complete. Currently landscaping, to be reviewed investigating watering requirements (pressures, connection locations) for landscaping works. Walkway/Park LightingScope: Baler Quotes are being assessed for lighting 1201481 & car park, Lions park, Koombana design and installation. EPA 1201418 CONTRACTOR Lookout, Greene place and Civic application is progressing after receipt (R4R) of final comments this week. Centre walkway Installation of bbq's and drink fountains pending receipt of quotes. Seating to be installed under new gazebos at 1201439 & Public Infrastructure Marrapikurinya, Daylesford and 1201412 Scope: Bins, seating, shade, water CONTRACTOR Finucane Island boat ramp. Additional (RFR) fountains, etc. Inc shade as per AAWG 6 bus shelters to be installed pending delivery - supplier delayed due to equipment failure. Additional trees have been ordered to 1201450 & Boulevard Tree Planting accommodate early planting in future 1201415 Scope: Planting of street trees to CONTRACTOR programs. 2009/10 project scheduled (R4R) Murdoch drive to commence April.
1201475 & PH Footpath Construction Complete. 1201416 Scope: Harper, Butler, Kingsmill, CONTRACTOR (R4R) Anderson 1201476 & SH Footpath Construction Complete pending receipt of invoices CONTRACTOR 1201471 Scope: Clam, Cone, Dorrigo, Kwinana, and review of budget/program.
P AGE 114 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase (R4R) Lovell and Mauger
Bore Installations Project on hold until beginning Scope: Investigation and installation of December due to unexpected staff 1111436 CONTRACTOR bores at McGregor street and KSO re- shortages. use tanks Bougainvillea and further tree planting Throssell Street Streetscape towards Hamilton road to be 1201458 Scope: median planting, street trees, COUNCIL completed by end November. turf, banner poles, garden planting
Kevin Scott Oval Reservoir Flushing Construction of freshwater flushing System tank has commenced on site. Works 1111448 CONTRACTOR Scope: Installation of flushing system to proceeding as scheduled. re-use water tanks (Tender 09/01) Floodwater Pump Upgrade Project on hold until beginning Scope: Design and installation of new December due to unexpected staff 1203440 CONTRACTOR electrical cabinet at West End Flood shortages. Pumps Richardson street Parking Construction detailed designs being Scope: Design and installation of street COUNCIL/ finalised. Quotes being sourced and 1201411 parking on Richardson street (kerbing, CONTRACTORS contractors finalising schedule for construction. linemarking, tree planting) Stairway to the Moon Application has been submitted for Scope: Viewing platform construction RLCIP funding as per Council 1111435 CONTRACTOR near Taylor street, dune rehab, resolution from October OCM. Tender will proceed once funding is confirmed. interpretive signage, car park Installation of sculpture (separate project) means that landscaping project can now commence. Kerbing Town Entry Statement has been replaced, gazebo has been 1201461 Scope: Landscaping component at COUNCIL/ CONTRATOR repainted and signage removed. GNH information bay scultpture Footpath and landscaping works to be completed by opening on 27th November. Design development pending road Limpet crescent (Blackspot) safety audit conducted on 16th 1201435 Scope: RSA, design and cost estimate DESIGN ONLY 09/10 November with Council staff, Main for construction Roads WA and consultant Porter Engineering. 1201486 Wedgefield Upgrades DESIGN ONLY 09/10 MRWA undertaking road safety audit
P AGE 115 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase Scope: Pinga street/Cajarina on new highway works including intersection upgrades, turning lane and Pinga/Cajarina intersection in reconstruction November in conjunction with Council staff. Design works pending outcomes of audit. Upgrade works to consider new land release. Staff with consult with Yandeyarra Yandeyarra road Community prior to finalising works 1201457 Scope: Resheeting and formation COUNCIL scope. Scheduled to commence after improvements cyclone season.
Drainage Construction Project on hold until beginning Scope: Survey, design and cost December due to unexpected staff 1201473 DESIGN ONLY 09/10 estimates for 5 year plan of PH LIA shortages. drainage improvements As per budget review - project North Circular road West identified and funded through 1201452 Scope: Forming and sealing of COUNCIL/ CONTRATOR unallocated R2R funding. Scheduled shoulders - 1m wide each side for April/May when sealing contractors are available for 2nd visit As per budget review - project Hamilton road identified and funded through Scope: Forming and sealing of 1201453 COUNCIL/ CONTRATOR unallocated R2R funding. Scheduled shoulders - 1m wide each side (Nth for April/May when sealing contractors Circular to GNH) are available for 2nd visit As per budget review - project Murdoch drive identified and funded through 1201new3 Scope: Forming and sealing of COUNCIL/ CONTRATOR unallocated R2R funding. Scheduled shoulders - 1m wide each side for April/May when sealing contractors are available for 2nd visit As per budget review - project identified and funded through North Circular road East unallocated Regional Road Group Scope: Form and sealing of shoulders. funding. Scheduled for April/May when 1201new1 COUNCIL/ CONTRATOR 2 projects - roundabout to Buttweld, sealing contractors are available for Buttweld to Landfill 2nd visit. LG contribution required which was reallocated from Reseals budget. As per budget review. Regional Road Group funding. Requires LG Athol street RRG contribution which was reallocated 1201new2 Scope: Asphalt reseal - Thompson to CONTRACTOR from Reseals budget. Scheduled for Keesing November when reseal contractors are here.
P AGE 116 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase Drainage construction (spot improvement) completed on Harper road. Throssell road improvements Drainage ConstructionScope: Spot 1201473 COUNCIL (adjacent to Wangka Maya) being improvements reassessed to ensure functionality. Court place drainage improvements scheduled for end October. Works scheduled in November when Manhilinha drive Reconstruction contractors are available. 1201401 Scope: Repair potholes and apply Sam CONTRACTOR seal
First stage of reseals scheduled for Reseals 1201478 CONTRACTOR early November when contractors are Scope: To be reviewed available Light Vehicle Replacement All vehicles ordered. Delivery dates Scope: PH9639, PH9681, PH10018, from November to February. Corolla 1208443 PH9083, PH9689, PH9782, PH9383, PURCHASE for Youth Co-ordinator has arrived. PH9582, PH9912 plus new staff (director, compliance, youth co-ord) Program under review to include Kerbing Construction consideration of reseal and footpath 1201480 CONTRACTOR Scope: To be reviewed program.
Boat ramp construction works is Finucane Island Boat Ramp complete. As constructed survey is 1105410 Scope: Completion of ramp COMPLETE complete and has been submitted to reconstruction DPI for comment prior to acquittal of funding. Disabled Beach Access Complete pending receipt of invoices Scope: installation of disabled access and funding acquittal. 1105421 CONTRACTOR to Finucane Island boat ramp shelters/beach Green waste at the Landfill will be mulched in November therefore allowing mulch supplies to complete West End Greening Stage 2 this project. Reviewing options to use 1201438 Scope: Shrub, tree planting and retic - COUNCIL Work for the Dole labour. Will also Frewer to Short street sample recycled rubber mulch in a small area to trial its longevity and effectiveness. Turtle Interpretive Loop Tender advertised 28th October, with 1105426 CONTRACTOR Scope: Pavillion & nodes from closing date 18th November for
P AGE 117 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase Cemetery beach/GAC/All Seasons December OCM approval. Anticipate loop, interpretive signage construction commencing early March after the peak turtle nesting season. Detailed design ongoing, expect Marquee Park Development completion Jan 2010. Tender process 1111439 & Scope: Development of an iconic park Feb to March with works commencing 1111402 on Cottier drive, South Hedland. Water CONTRACTOR on site April 2010. Anticipate practical (R4R) play, playgrounds, kiosk, cctv, completion for construction December caretaker, landscaping, etc 2010. Quotes being sourced from Nth Circular Rd East Culverts contractors for construction of 1201483 Scope: Widen culverts to A.S., install CONTRACTOR headwalls which will complete project. new headwall
Reviewing scope of works in 1111446 & Playground Equipment consultation with sporting associations 1111403 CONTRACTOR Scope: To be confirmed prior to presenting to Council for (R4R) approval.
Reviewing scope for presentation to 1201423 & Shade Structures Council for approval. Consideration 1201424 Scope: permanent shade structures at CONTRACTOR must be given to lighting requirements (R4R) SH skate park and other locations at skate park. Final design drawings have been received and are being reviewed. Hedditch - Forrest Circle Rd Surveyors are processing road 1201437 Scope: Design and construction of road COUNCIL/ CONTRACTOR dedication information prior to Council link from Hedditch to Forrest circle resolution to dedicate road (Dec OCM). Tender will be called in the new year for construction. Commenced review of location and 1201413 & Murdoch drive Nodes scope of nodes to tie in with Parks 1201414 Scope: Construction of 2 'nodes' along COUNCIL/ CONTRACTOR development and 'Green Belt'. (R4R) pathway similar to Sutherland street
Recycling Project Project temporarily on hold due to 1201420 Scope: Crushing concrete for re-use in CAPITAL PURCHASE resources however now progressing (R4R) footpaths with scope review. Design development pending road Buttweld road safety audit conducted on 16th 1201447 Scope: Survey and design of road DESIGN ONLY 0910 November with Council staff, Main reconstruction Roads WA and consultant Porter Engineering. Hillside-Woodstock road Scheduled after cyclone season. 1201489 COUNCIL Scope: Resheeting and formation
P AGE 118 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase improvements
Shay Gap - Works started, tree pruning and removal of dead wood. Ordered new bollards, awaitng arrival then will install. Footpath to ablution block completed. New signs ordered. Parks Upgrades Basketball hoop and backboard Scope: Upgrade of existing parks ordered. 1201419 COUNCIL/ CONTRACTOR (fencing, planting, seats, retic, etc) as Streetscapes - Trees ordered, species per audit. Includes drainage swale are Pink Tabebuia, Yellow Tabebuia and Frangipani. Looking into turf renovations for all parks. ie; aeroation, vertimowing and topdressing, soil level raising, obtaining quotes and information Complete Depot Flammable Storage Cpbd 1202401 Complete Scope: For workshop
Works to commence end of Replace Effluent LineScope: SH Oval September utilising approval Panel 1111401 main reticulation line to be replaced CONTRACTOR contractor. Project will include as with polypipe constructed plans for distribution on 'Dial Before You Dig' searches Sourcing plant species and availability of plants; 200x Crotalaria cunninghamii(green brid flower) Civic Centre Verge Landscaping 200x Senna notablis (cockroach bush) 1102415 Scope: Retaining & native planting of COUNCIL 250x Swainsona formosa (sturt desert steep embankment pea) 200x Senna artemisiodies subsp helmsii 150x Grenvillea wickhamii (wickhams grevillea) initial Concept designs for extending terminal 50m East and up a level 1210410 Terminal Extensions COUNCIL/DESIGN being prepared
Concept designs for relocating Wedgefield depot to airport. Airport 1210403 Depot Development COUNCIL/DESIGN staff and depot will also need to be relocated to the Air services workshop and office facility.
P AGE 119 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase Carpark has been boxed out and basecorse is being carted construction 1210402 Parking/ Hire car development COUNCIL to be completed by the end of October ready for a 2 coat seal and fencing.
Apron extension is completed ready for final trim and 2 coat seal, the new 1210453 Northern Apron Extension COUNCIL fencing and relocation of the gate have been completed.
Concept design completed. Quotes being sourced to resite café walls. Funding to be carried forward from 1213420 Café Modifications CONTRACTOR prior year. These works now form part of the Cafe tender document. Café tender to close 25th November 2009 Orders issued to Glidepath for manufacture and installation. Manufacture and delivery date approx 1210407 Common user Check-in Facilities CONTRACTOR 31st December. 23 December to January 8 designated as non-working days due Christmas break Quotes received from the only two system suppliers - Evaluation in 1210405 Flight Information Display screens CONTRACTOR progress - Installation to be instituted after the cafe walls have been resited and new conveyor systems installed. Orders issued to Glidepath for manufacture and installation in tandem with the common user check-in facilities. Manufacture and delivery 1210406 International Carousel CONTRACTOR date approx 31st December. 23 December to January 8 designated as non-working days due Christmas break. External pole fitted battery boxes manufactured and installed. Luminairs being manufactured to fit into existed light head covers with Australian 1210271 Solar Lights-Landside COUNCIL/CONTRACTOR designed lens to amplify LUX output with no additional heat generation. All goods should be delivered by the end of December. CASA denied approval for solar 1210401 Taxiway and runway 18/36 Lighting. CONTRACTOR lighting - However, RADS application
P AGE 120 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009 FINANCIAL PROGRAMME FOR ENGINEERING SERVICES FOR THE PERIOD 1 JULY 2009 TO 30 JUNE 2010 ALL CONTRACT WORK IS TO BE SUPERVISED BY THE MES Legend - Current Project Phase Cyclone Watch/Season
Concept Development Implementation Finalisation Project completed and acquitted Current A/c Scope Construction Responsibility Project Month Update July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Number Phase allowed for this contingency for reticulated lighting on rwy 18/36 and an upgrade of lighting on Taxiways B1, B2, C, D,E. Dept. of Infrastructure (RADS) notified of progress AWIB received and radio type required for constant broadcast in transit. May have to install wireless Automated Weather information 1210440 COUNCIL/CONTRACTOR modems in BOM and ARO office due Broadcast to conflict between Telstra and BOM. Waiting on further consultation between the parties involved Existing PA system repaired but is only temporary due to age. Quotes being sourced for new system - 1210440 PA & CCTV CONTRACTOR/DESIGN Terminal CCTV may well link in with FIDS application - This possibility being investigated with a view to reduced costs. Stage 2 ring road connection. Tender to be arranged 1210473 Electrical Upgrades CONTRACTOR
Location identified and subdivision plan received. Tender documentation 901424 Airport Housing COUNCIL/DESIGN being prepared by Building department
P AGE 121 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 122 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 2 TO AGENDA ITEM 11.2.1.1
Port Hedland International Airport
Monthly Passenger Numbers
Monthly Passenger Summary 25,000
20,000 08/09 15,000 09/10
10,000
Passenger Numbers Passenger 5,000
0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month
Please note that above graph excludes Qantas passenger numbers for October 2009, as these were unavailable at the time the graph was compiled.
P AGE 123 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 3 TO AGENDA ITEM 11.2.1.1
Recreation Services – Other Business Units
Recreation Services
. JD Hardie Centre
Attendances
4500 4,112
4000 3706 3500 3,049 2857
3000 2713 2,457 2,287 2,264
2500 2,202 2,187 2,134 2,116 2,046 1922
2000 1,766 1,556 1500 1000 500 0 0 0 0 0 0 0 0 0 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Attendances
. Aquatic Centres
The monthly reports in full from the YMCA can be obtained by contacting the Manager Recreation Services.
South Hedland Aquatic Centre
Financials
Month Actual $ Budget $ Variance $ Income $18,333 $36,858 $18,525 Expenditure $61,598 $78,457 -$16,859 Net -$43,265 -$41,599 $1,666
P AGE 124 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Year to Date Actual $ Budget $ Variance $ Income $24,833 $37,767 $12,934 Expenditure $201,129 $207,951 -$6,821 Net -$176,296 -$170,184 $6,112
Attendances
Month Swim Aqua/Ed School Aqua Program Misc Total
July Centre Closed 0
August Centre Closed 0
Sept 103 (open 1 day in Sept) 103
Oct 6,342 245 10 0 334 541 7,472
Total 6,445 245 10 0 334 541 7,575
Gratwick Aquatic Centre
Financials
Month Actual $ Budget $ Variance $ Income $34,203 $39,826 $5,623 Expenditure $67,767 $72,626 -$4,859 Net -$33,564 -$32,800 $763
Year to Date Actual $ Budget $ Variance $ Income $64,013 $71,865 $7,852 Expenditure $221,633 $227,348 -$5,715 Net -$157,620 -$155,483 $2,137
P AGE 125 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Attendances
Health Aqua/ Month Swim School Aqua Program Misc Total Club Ed
Jan 3,920 485 0 397 85 361 492 5,740
Feb 2,466 517 468 104 68 93 1,089 4,805
Mar 2,739 595 398 1,066 73 926 1,186 6,983 Apr 2,782 751 148 27 49 87 673 4,517
May 332 452 0 0 11 6 74 875 Jun 126 488 0 0 0 0 35 649
Jul 139 505 0 0 0 0 49 693
Aug 353 393 0 0 0 0 216 962
Sep 1,346 788 0 0 0 186 684 3,004
Oct 4,525 691 309 29 77 617 1,441 7,689
Total 18,728 5,665 1,323 1,623 363 2,276 5,939 35,917
P AGE 126 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2.2 Port Hedland International Airport
11.2.2.1 Port Hedland International Airport Glidepath Project GL 564, Common User Check In Facility, New Security Door (Qantas Check-In) and GlideView Screen on Site
Officer Bob Couzens Airport Manager
Date of Report 13 November 2009
Disclosure of Interest by Officer Nil
Summary
This item is to gain Council approval for additions/variations: • Installation of new Security Door on the airside of Qantas Check-in, • GlideView Screen supplied on site including all VPN connections and site installation.
Background
At its Ordinary Meeting held on 22 July 2009, Council approved the following:
• Stage 2 of the installation of common user facilities and Glidepath to be contracted to complete the installation of the common user conveyor system and the international baggage carousel. • The manufacture, supply and installation of a conveyor system to link the new common user check-in counters with the existing CBS conveyor system and installation of the international baggage carousel to be ordered and installed at the same in order to achieve savings on freight and installation costs.
At that meeting, Council resolved as follows:
“That Council: i) approve that the budget for the installation of the common user check in facilities be increased by $51,000 (as per the recommendation put forward at the Airport Working Group meeting held on the 16th June 2009), with the additional funds to be allocated from the Airport Reserves account; ii) approve additional funding of $65,000, to be allocated from the Airport Reserves account, in order to complete the installation of a fully integrated visual flight information display system (including 6 LCD display screens) in the Port Hedland International Airport terminal;
P AGE 127 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
iii) approve additional funding of $278,000, to be allocated from the Airport Reserves account, in order to complete stage two of the common user check-in facilities project (being the manufacture, supply and installation of a conveyor system to link the new common user check in counters with the existing CBS conveyor system); iv) approve for the proposed international baggage carousel ($120,000 already assigned) to be ordered at the same time as the conveyor system for stage two of the project (as mentioned above), in order to achieve savings on freight and installation costs; and v) approve for Glidepath to be contracted to complete the installation of the common user conveyor system, and the international baggage carousel, without going to Tender. This is due to the unique nature of the equipment and also Glidepath’s previous involvement with the upgrade works to the terminal and the installation of the existing checked bag screening conveyor system.”
Consultation
Glidepath O & M Pty Ltd
Statutory Implications Nil
Policy Implications Nil
Strategic Planning Implications
KRA 1 – Infrastructure, Goal 3 – Airport Strategy 1: Undertake necessary capital upgrades to the airport.
Budget Implications
There is no budget allocation and funds would need to be made available from the Airport reserve.
Officer’s Comment
New Security Door (Qantas Check-in)
This is a necessity as the current door has been malfunctioning for some time now and causing stoppages in the conveyor train. This door was installed when the airport installed the original check-in conveyor some years back and has been repaired almost to extinction. New Security Door (Qantas Check-in) $A8,893.00 price (excluding GST)
P AGE 128 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
GlideView Screen
This maintenance diagnostic and control software will provide a graphical view into the physical state of the baggage systems. This will increase security and minimise downtime and delays due to lack of access to the software. This software allows remote access which enables immediate maintenance and fault repair. As the airport expands and operational requirements change GlideView Screen is able to be upgraded to facilitate these changes.
It is important that action is taken on these items quickly to facilitate supply and installation to coincide with delivery and installation of previously approved Stage 2 (approximately 31 December 2009). This expediency will ensure a large saving in freight and installation costs.GlideView Screen supplied on site including all VPN connections and site installation $A41,574.00 price ( excluding GST)
Attachments
Letter dated 27 October 2009 from Rob Harvey, General Manager Australia/Asia, Glidepath.
200910/151 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr M Dziombak
That Council:
i) Approve the supply and installation of the new Security Door (Qantas Check-in) as specified and quoted by Glidepath;
ii) Approve the supply and installation of GlideView Screen maintenance diagnostic and control software as per specifications and quote by Glidepath.
iii) Allocate $50,467.00 from the Airport reserve to GL1210407 common user check – in facilities
CARRIED 8/0
P AGE 129 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2.2.2 Common User Check-in Facility Charges - Port Hedland International Airport (File No.: …/…)
Officer Laura Jackson Airport Landside Development Officer
Date of Report 14 October 2009
Disclosure of Interest by Officer Nil
Summary
For council to consider imposing a per passenger fee on the airlines utilising the common user check-in facilities in order to recoup the costs of infrastructure.
Background
The check-in facilities were originally provided to SkyWest under a lease arrangement. These facilities were modified to provide a common user arrangement in preparation for a second RPT jet.
The current parties utilising the common user check in facilities are SkyWest and Virgin Blue.
At its Ordinary Meeting held on 22 July 2009, Council approved (in part) as follows:
“That Council:
i) approve that the budget for the installation of the common user check in facilities be increased by $51,000 (as per the recommendation put forward at the Airport Working Group meeting held on the 16th June 2009), with the additional funds to be allocated from the Airport Reserves account;
ii) approve additional funding of $65,000, to be allocated from the Airport Reserves account, in order to complete the installation of a fully integrated visual flight information display system (including 6 LCD display screens) in the Port Hedland International Airport terminal;
iii) approve additional funding of $278,000, to be allocated from the Airport Reserves account, in order to complete stage two of the common user check-in facilities project (being the manufacture, supply and installation of a conveyor system to link the new common user check in counters with the existing CBS conveyor system); …”
P AGE 130 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
In order to recoup the costs of the infrastructure required for the common user facility, the valuer has recommended a per passenger charge be implemented instead of imposing a ground lease on the facilities due to the airlines differing usage requirements.
Consultation
Rob Harvey- Glidepath Bob Couzens- Airport Manager Rachel Waddington- Darwin Airport Jeff Cadd- Locum Valuations
Statutory Implications
“Subdivision 2 —Fees and charges 6.16. Imposition of fees and charges (1) A local government may impose* and recover a fee or charge for any goods or service it provides or proposes to provide,other than a service for which a service charge is imposed. * Absolute majority required. (2) A fee or charge may be imposed for the following — (a) providing the use of, or allowing admission to, any property or facility wholly or partly owned, controlled managed or maintained by the local government; (b) supplying a service or carrying out work at the request of a person; (c) subject to section 5.94, providing information from local government records; (d) receiving an application for approval, granting an approval, making an inspection and issuing a licence permit, authorisation or certificate; (e) supplying goods; (f) such other service as may be prescribed. (3) Fees and charges are to be imposed when adopting the annual budget but may be— (a) imposed* during a financial year; and (b) amended* from time to time during a financial year. * Absolute majority required.
6.17. Setting the level of fees and charges (1) In determining the amount of a fee or charge for a service or for goods a local government is required to take into consideration the following factors — (a) the cost to the local government of providing the service or goods; (b) the importance of the service or goods to the community; and (c) the price at which the service or goods could be provided by an alternative provider.
P AGE 131 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(2) A higher fee or charge or additional fee or charge may be imposed for an expedited service or supply of goods if it is requested that the service or goods be provided urgently. (3) The basis for determining a fee or charge is not to be limited to the cost of providing the service or goods other than a service — (a) under section 5.96; (b) under section 6.16(2)(d); or (c) prescribed under section 6.16(2)(f), where the regulation prescribing the service also specifies that such a limit is to apply to the fee or charge for the service. (4) Regulations may— (a) prohibit the imposition of a fee or charge in prescribed circumstances; or (b) limit the amount of a fee or charge in prescribed circumstances.
6.19. Local government to give notice of fees and charges If a local government wishes to impose any fees or charges under this Subdivision after the annual budget has been adopted it must, before introducing the fees or charges, give local public notice of— (a) its intention to do so; and (b) the date from which it is proposed the fees or charges will be imposed.
Policy Implications Nil
Strategic Planning Implications
KRA1- Infrastructure, Goal 3- Airport Strategy 1: Developing and implementing an Airport Master Plan Strategy 2: Actively pursue the generation of income from a variety of sources at the Airport including through leases, rentals, advertising, freight and any other means.
Budget Implications
Currently Skywest and Virgin Blue utilise the common user facilities.
Virgin Blue currently runs 7 flights a week with approximately 80 pax per flight. (560 pax per week) This is soon to increase to 12 flights per week, but an estimation on the load factor of passengers cannot be determined.
SkyWest currently run 2 flights a week with approximately 70 pax per flight. (140 pax per week)
P AGE 132 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
The cost of the counters, wiring, conveyors and injectors was $350,000. The implied interest and maintenance over an expected 10 year life is $70,000. Therefore, the total cost to be recovered over a 10 year period is $420,000.
Based on the current estimated passenger numbers, to recoup the costs, a passenger fee of $1.15 per passenger ex GST is required.
12103New- Common user check-in recovery
Revenue Per Month(ex GST) 3,500 Per Annum(ex GST) 42,000
Officer’s Comment
The current users of the common user check in facilities have differing usage requirements. Therefore, the fairest way to recoup the costs of the infrastructure is by imposing a per passenger fee rather than a set lease fee.
Attachments Nil
Officer’s Recommendation
That Council:
i) Approve the following fee be imposed on all airlines utilizing the common user facilities
ii) A per passenger fee of $1.15ex GST be imposed on all departing passengers utilizing the common user facilities.
iii) That the fee be advertised as per s6.19 for two (2) weeks prior to the implementation
200910/152 Council Decision
Moved: Cr A A Carter Seconded: Cr S R Martin
That Agenda Item 11.2.2.2 ‘Common User Check-in Facility Charges - Port Hedland International Airport’ lay on the table pending further discussions; and be presented to Council’s Ordinary Meeting to be held on Wednesday 9 December 2009,
CARRIED 8/0
P AGE 133 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2.1.4 Lease of Office Space by Virgin Blue at the Port Hedland International Airport (File No.: …)
Officer Laura Jackson Airport Landside Development Officer
Date of Report 4 November 2009
Disclosure of Interest by Officer Nil
Summary
For council to consider a new lease with Virgin Blue for Office Space at the Port Hedland International Airport.
Background
Virgin Blue currently utilise an area of 5.5m x 3.5m as additional office space. This office was created after removing the previous memorabilia room.
There is currently no lease arrangement for this area.
Virgin Blue has exclusive use of this office space which houses their IT rack and various office furniture and equipment.
Consultation
Airport Manager Director Corporate Services
Statutory Implications
“3.58. Disposing of property (1) In this section - dispose~ includes to sell, lease, or otherwise dispose of, whether absolutely or not; property~ includes the whole or any part of the interest of a local government in property, but does not include money. (2) Except as stated in this section, a local government can only dispose of property to - (a) the highest bidder at public auction; or (b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender. (3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property- (a) it gives local public notice of the proposed disposition - (i) describing the property concerned; (ii) giving details of the proposed disposition; and
P AGE 134 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;…”
Policy Implications Nil
Strategic Planning Implications
KRA1- Infrastructure, Goal 3- Airport Strategy 1: Developing and implementing an Airport Master Plan Strategy 2: Actively pursue the generation of income from a variety of sources at the Airport including through leases, rentals, advertising, freight and any other means.
Budget Implications
1210326- Leases and rentals- increase revenue
200910/153 Council Decision/Officer’s Recommendation
Moved: Cr S R Martin Seconded: Cr G J Daccache
That Council:
i) Authorise the Chief Executive Officer or his delegate to enter into negotiations with Virgin Blue into a lease agreement in accordance with section 3.58(3) of the Local Government Act 1995, with the following terms and conditions:
ii) The lease term being for the earlier of the commencement of the terminal extensions or a two year period.
iii) The lease rental being set at the current market value, increased annually by CPI.
iv) Subject to any submissions being received by Council.
CARRIED 8/0
P AGE 135 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2.3 Recreation Services
11.2.3.1 Waiver of Fees Request : The Big Issue’s Street Soccer Program at JD Hardie Centre (File No.: 26/05/0005 )
Officer Sarah Cunningham Recreation Centre Supervisor
Date of Report 12th November 2009
Disclosure of Interest by Officer Nil
Summary
Council has received a request from The Big Issue to waive fees associated with their proposed use of the JD Hardie Centre to facilitate their Street Soccer Program on a weekly basis.
Background
The Big Issue Australia is an independent organisation that develops and operates social enterprises and creative, sustainable solutions to homelessness. One Component of this is The Community Street Soccer Program (Street Soccer). Nicole Palmer, Regional Street Soccer Manager has written to Council seeking their support after conducting a community forum at the Civic Centre on Tuesday 20th October 2009. Following this forum it was deemed that the most appropriate venue for the Program was the internal stadium hall at the JD Hardie Centre.
Council has adopted a checklist to allow staff to determine if use of a council facility is free to the users, thus negating the need to present every case to council for a decision to be made. However as this request does not meet the set criteria, council endorsement is therefore required.
The Big Issue provides a paid coach for the program for two (2) hours a week and has identified the current JD Hardie Centre Supervisor (Dave Bolan) as a potential coach.
Dave has indicated that he is happy to take this role in either an additional voluntary employment capacity, or as part of his role at the JD Hardie Centre.
Consultation
Manager Recreation Services Sports and Recreation Officer Big Issue Street Soccer Program Manager Forum Attendees
P AGE 136 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Statutory Implications
Policy Implications Nil
Strategic Planning Implications Nil
Budget Implications
Should the Town of Port Hedland approve this request, Council will forgo revenue of $620 for the trial period of Term 1 2010 calculated on the current fees and charges.
Alternatively if staff time was to be provided as in-kind support, with stadium hall hire fees still being charged, nil loss of income will occur for the trial period of Term 1 2010.
Officer’s Comment
The Town of Port Hedland has set criteria for use of council facilities at a nil charge however this case does not fit the criteria. Thus being the reason it is being presented to council.
The Recreation team has reservations about the potential viability and success of this program due to the target audience and the requested timeslot of this program, however feels that a trial is recommended to determine if this is the case.
It is therefore recommended that Council provide in-kind support through providing Dave Bolan’s staff time of two (2) hours a week to conduct the program at the JD Hardie Centre, however request hire fees for the Stadium Hall. The Big Issue has indicated this is potentially a suitable arrangement.
P AGE 137 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Council therefore has three (3) options:
1. Deny the request for waiver of fees for The Big Issue totaling $620 for the trial term of the Street Soccer Program;
2. Approve the request for waiver of fees for The Big Issue totaling $620 for the trial term of the Street Soccer Program; or,
3. Deny the request for waiver of fees for The Big Issue, instead providing in-kind support of Dave Bolan’s staff time of two (2) hours a week for the trial period of 10 weeks (term 1 2010).
Attachment
Letter from The Big Issue, dated 28th October 2009.
Officer’s Recommendation
That council advises The Big Issue that:
i) the request for wavier of fees is denied, however the Town of Port Hedland will provide in-kind support by allowing the Town’s JD Hardie Centre’s Co-ordinator to Coach the Program for the Term 1 trial period; and
ii) at the conclusion of the trial period, the CEO or his delegated representative determine whether this in-kind support is to continue.
200910/154 Council Decision
Moved: Cr A A Carter Seconded: Cr G J Daccache
That Council advises The Big Issue that their request for the waiver of fees totaling $620, being for use of the JD Hardie Centre to facilitate their Street Soccer Program on a weekly bas is for a trial term, be granted.
CARRIED 8/0
REASON: Council resolved to waive the fees (totaling $620) associated with the use of the JD Hardie Centre for the trial term period of The Big Issue’s Street Soccer Program.
P AGE 138 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 1 TO AGENDA ITEM 11.2.3.1
P AGE 139 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2.3.2 South Hedland Football Club Outstanding Debt (File No.: 26/02/0015)
Officer Nicole Roukens Sport and Recreation Officer
Date of Report 16th November 2009
Disclosure of Interest by Officer Nil
Summary
The South Hedland Football Club currently has a number of outstanding invoices with the Town of Port Hedland, in total of $4,422... The Swans Football Club have requested permission to extend the 90 day payment period and pay off the outstanding debt over the coming 8 months.
Background
The Swans Football Club have a number of outstanding invoices with the Town of Port Hedland for the 2009 football season for overhead light use and exclusive use of the Kevin Scott Oval Clubrooms. The Club currently owes a total of $4,422.00 and have indicated that they will be unable to pay off the total debt until midway through the 2010 season.
The Swans Football Club has stated a number of reasons for their current financial situation including:
• In 2008 and 2009 the Swans Football Club signed a Memorandum of Understanding for the exclusive use of the Kevin Scott Oval Clubrooms. The Club hired this room out on several occasions in 2008. Due to a change in committee members this facility was not hired out for external use in 2009 and therefore did not obtain any revenue. • A number of players did not pay player fees in 2009.
The Swans Football Club have been making repayments to the Town of Port Hedland to reduce the debt and have indicated that they will look to make an additional payment of approximately $2,000 in the coming weeks. As the 2009 football season is now finished the Swans Football Club have indicated that they will be unable to source any further income until the 2010 football season commences.
According to the Town of Port Hedland’s Debt Collecting Procedures, it is required that legal proceedings commence for all debts exceeding 90 days. Only a Council resolution can prevent this. It is important to note that in 2006 the Town of Port Hedland placed the Swans Football Club on a payment plan to pay off an accumulated debt of over $12,000.
P AGE 140 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Consultation
Director Engineering Director Corporate Services Manager Recreation Services Sports and Recreation Officer Accounts Officer – Debtors President – Swans Football Club Treasurer – Swans Football Club
Statutory Implications Nil
Policy Implications
Any hirer having a debt to Council related to the use and occupancy of a Council Recreation Reserve that is outstanding for a period of more than 90 days shall be declined the use of any facility, including seasonal bookings, unless and until an acceptable debt repayment arrangement has been agreed to (as per Council policy), and is adhered to.
Strategic Planning Implications Nil
Budget Implications
Should Council approve this request it is likely that all outstanding debts will be received prior to the end of the 2009/2010 financial year.
Officer’s Comment
A number of the Swans Football Club committee members changed at the start of the 2009 season. Many of the new committee members were not fully aware of the Memorandum of Understanding and therefore did not gain additional income by hiring it out to external users.
The Swans Football have been making regular repayments and have indicated that they would like to attempt to pay off the current debt prior to the end of this financial year.
The Town of Port Hedland’s Sport and Recreation Officer and Accounts Officers (Creditors) have worked with the Swans Football Club to reduce this debt, however now require a decision as to whether legal action should commence.
A new Club and Project Development Officer has recently been appointed at the Town of Port Hedland to strengthen local club’s capacity and help avoid situations like this occurring in the future. Therefore the options for Council regarding this debt are to:
1. Work with the Swans Football Club to arrange a payment plan to pay off the outstanding debt prior to the 31st June 2010. P AGE 141 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
2. Refuse to allow the South Hedland Football Club to continue utilising Council facilities until the debt has been paid. 3. Commence legal proceedings and forward the Swans Football Club debt onto the debt collection agency.
Officer’s Recommendation
That Council:
i) Work with the Swans Football Club to develop a payment plan to pay off the outstanding debt prior to the 31st June 2010.
ii) Allow the Swans Football Club seasonal user access to Kevin Scott Oval until the 31st June 2010.
iii) If the outstanding debts are not paid prior to the 31st June 2010 the Swans be denied seasonal usage of Kevin Scott Oval.
iv) Deny the Swans Football Club exclusive use through the previously established Memorandum of Understanding for the 2010 football season.
200910/155 Council Decision
Moved: Cr S J Coates Seconded: Cr S R Martin
That Council:
i) Work with the Swans Football Club to develop a payment plan to pay off the outstanding debt prior to the 31st June 2010.
ii) Allo w the Swans Football Club seasonal user access to Kevin Scott Oval until the 31st June 2010.
iii) If the outstanding debts are not paid prior to the 31st June 2010 the Swans Football Club’s right of access for seasonal usage of Kevin Scott Oval be reviewed by Council
iv) Deny the Swans Football Club exclusive use through the previously established Memorandum of Understanding for the 2010 football season.
CARRIED 8/0
REASON: Council amended Clause iii) of the Officer’s Recommendation to ensure if the outstanding debts are not paid by the Swans Football Club prior to the 31st June 2010, the Swans Football Club’s right of access for seasonal usage of Kevin Scott Oval will be reviewed by Council
P AGE 142 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
7:05 pm Councillor G J Daccache declared an impartiality in Agenda Item 11.2.3.3 ‘Reconsideration of Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval’ as he is a member of the Rovers Football Club who operate from Colin Matheson Oval. Councillor Daccache advised that as a consequence, there may be a perception that his impartiality on the matter may be affected. Councillor Daccache declared that he will consider this matter on its merits and vote accordingly. Councillor Daccache did not leave the room.
P AGE 143 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2.3.3 Reconsideration of Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval (File No.: Tender 09/21)
Officer Bec Pianta Manager Recreation Services
Date of Report 5th November 2009
Disclosure of Interest by Officer Nil
Summary
This report requests a consideration to rescind decision 200910/092 from the Ordinary Council Meeting on 23rd September 2009 regarding tenders received for Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval.
Background
With regards to the complete oval redevelopment at Colin Matheson Oval, it was resolved at the Ordinary Council Meeting on the 24th September 2008, that Council:
“…i) endorse the Colin Matheson Oval Recreation Reserve Redevelopment (turf and irrigation) as submitted by ROSS Planning;
ii) commence the tender process for the Colin Matheson Oval redevelopment, including irrigation, pumps and turf;
iii) informs ROSS Planning of the acceptance of this document; and,
iv) informs the community and all stakeholders of the recommendations that will be undertaken this financial year.
In line with this resolution, tenders were called for the Design and Construction of the Colin Matheson Oval in November 2008, and upon presentation to Council at the Ordinary Council Meeting on the 10th December 2008, all submissions were rejected due to non- conformance.
It was therefore resolved [in part] that Town of Port Hedland staff separate the design and construction component of this project, and “…commence the tender process for the design of the irrigation and oval geometry at the Colin Matheson Oval…”
At the Council Meeting on the 27th May 2009 Council awarded the tender for the design of Colin Matheson Oval to GHD.
P AGE 144 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Tenders were called for the Supply and Installation of Turf at Colin Matheson Oval in September 2009, and four (4) bids were received, 3 conforming. Tenders were received from:
• Lovegrove Turf Services • Turfmaster • DME Contractors • Phoenix Landscaping Services
Phoenix Landscaping Services was considered non-conforming due to all required content not being submitted.
At the Ordinary Council Meeting on 23rd September 2009 it was resolved (in part) that Council:
“…i) Reject all tender submitted for Tender 09/21: Supply and Installation of Turf for Colin Matheson Oval;
iii) Source quotes for the installation of turf at Colin Matheson Oval using stolons from the Port Hedland Golf Course...”
The use of stolons is effectively ‘runners’ from other turf areas, which in this instance, were to be obtained from the Port Hedland Golf Club. At the time of creating the Agenda Item for the October Ordinary Council Meeting, the Town of Port Hedland was advised that the Port Hedland Golf Club had authorised use of their turf for these purposes. Since then, the Port Hedland Golf Club has advised no contract to renovate and remove the stolons has been confirmed. As they have now become aware of the total impact that the procedure to remove viable stolons from the golf course would have on their fairway surface, they have suggested they would not likely support such a dramatic renovation at this stage. It seems that mis-information in regards to the potential golf course project was received prior to last Council meeting and recent information provided has confirmed the best outcome will be achieved by the installation of roll on turf.
For this change to resolution to occur, the original item is to be rescinded by absolute majority and the resolution of the new recommendation (or other) by absolute majority.
Consultation
Council’s Engineering staff have reviewed all tender bids prior to the recommendation being presented to Council.
Statutory Implications
This tender was called in accordance to the Local Government Act (1995). “3.57. Tenders for providing goods or services
P AGE 145 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services. (2) Regulations may make provision about tenders.”
Policy Implications
This tender was called in accordance with Council’s Procurement Policy 2/015.
Strategic Planning Implications
Key Result Area 3: Community Development Goal 2: Sports and Leisure Strategy 1: Progressively implement the recommendations of the Sports Facility Audit with a particular focus on: • …upgrading all existing facilities to an appropriate standard • The development of additional quality facilities at Colin Matheson Oval...
Budget Implications
Income Expenditure Reserve $895,113 Engineering design $66,205 Developments Irrigation Tank $194,500 Site forward works $8,000 Upgrades Sportsground $47,000 Mc Gregor St Reserve $47,000 Repairs upgrade
Reserve $125,413 Earthworks including the $350,000 Upgrade removal of 7000m3 of unsuitable soil and replacing with screened soil from the spoilbank to design levels for the installation of irrigation and grass Tender for the supply and $376,189 installation including 240kl freshwater tank, pump station, filter installation and linked maxicom central control system as included in engineering design. Replace globes at Colin $30,000 Matheson Installation of Turf $302,200
Baler primary school re use $82,432 tank flushing system Total $1,262,026 Total $1,262,026
P AGE 146 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Officer’s Comment
Tender information was forwarded to 14 organisations, with four (4) tenders submitted. Of these two tenders, three (3) have been considered conforming. There was no site meeting held for this tender. Tenders were received from:
• Lovegrove Turf Services • Turfmaster • DME Contractors • Phoenix Landscaping Services
The table below lists the evaluation criteria used to assess the tenders as per the tender documentation:
Item Assessment Criteria Loading Max Max Factor Score Loaded Score 1 Price 70 70 2 Experience 2 5 10 3 Resources (supervisory, 2 5 10 turf, plant and equipment) 4 Local Industry 2 5 10 Development Max Loaded Score 100
1. Price (70)
Contractor Price Score Turfmaster $302,200 70 DME Contractors $391,000 54 Lovegrove Turf Surfaces $876,800 24
The lowest price Tender (Tlp) was awarded a score of 70 for the Price criterion. The second-lowest price Tender (Tslp) was therefore awarded a score determined in the following manner:
Tslp Score = 50 – [($Tslp - $Tlp) x 50] $Tlp
and so forth for the remaining Tenders.
2. Experience (5)
Loaded Contractor Experience Score Turfmaster 5 10 DME Contractors 5 10 Lovegrove Turf Services 5 10
P AGE 147 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Assessment was based on the following information included:
Knowledge (3) 1. Use of expert staff 2. Familiarity 3. Research
Expertise (2) 1. Years of experience 2. Staff skill set 3. Similar tasks
3. Resources (supervisory, turf, plant and equipment) (5)
Loaded Contractor Resources Score Turfmaster 5 10 DME Contractors 5 10 Lovegrove Turf Services 5 10
Assessment was based on the following information included:
• Contractor’s Representatives / Personnel / Supervisors • Key Plant and Equipment • Subcontractors and Major Suppliers
4. Local Industry Development (5)
Loaded Contractor Local Development Score Turfmaster 3 6 DME Contractors 3 6 Lovegrove Turf Services 3 6
The following matrix indicates the assessment of each tenderer based on the maximum loaded score in accordance with the evaluation criteria:
Contractor Price Experience Resources Local Dev TOTAL Turfmaster 70 10 10 6 96 DME Contractors 54 10 10 6 80 Lovegrove Turf Services 24 10 10 6 50
The tender specifications and scope of work within the tender documentation is specific and detailed in its requirements. Turfmaster has scored the highest rating according to the maximum loaded score, and is therefore the recommended contractor for this portion of the project. They have indicated that although the tender was originally rejected, they still have the capacity and the desire to undertake this work, and can do so in an appropriate timeframe.
P AGE 148 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Steven Few, Director of Turfmaster Facility Management has confirmed that:
“All components of our submission for tender 09/21 have been re- examined and I can confirm that the pricing schedule would remain unchanged… In terms of timeframe for installation, I can confirm that we would be in a position to commence work on site during the first week in January… This would still give plenty of time for the new turf to knit and establish in line with your proposed usage program. (It also gives a bit of lead time, should there be any problems with the new irrigation system and controller).
Availability of the required amount of Santa Ana Couch is also being confirmed, however the tenderer has suggested an alternative should 20,000 m2 no longer be available. Both the Manager Engineering Services and objective professionals have indicated that the slight variation in the turf product would have limited impact on the overall project and maintenance.
NOTE: to revoke the decision made in accordance with the Local Government (Administration) Regulations 1996:
“10. Revoking or changing decisions made at Council or Committee meetings – s5.25(e) 1. If a decision has been made at a council or committee meeting then any motion to revoke or change the decision must be supported – (a) Notice of a motion to revoke or change a decision referred to in subregulation (1) is to be signed by members of the council or committee numbering at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover; or (b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover
2. If a decision has been made at a council or a committee meeting then any decision to revoke or change the first- mentioned decision must be made – (a) In the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special majority, by that kind of majority; (b) In any other case, by an absolute majority.
3. This regulation does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different.
P AGE 149 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Voting Requirements
1. To consider – 1/3 of members (3). 2. To revoke – absolute majority.
NOTE: Mayor to call for a show of hands in favour to consider the revoking of Council Decision 200910/092 of Agenda Item 12.1.1’Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval’ of the Ordinary Meeting of Council held on 23 September 2009 and recorded on page 166 of those Minutes.
Officer’s Recommendation
That Council:
i) rescinds Council Decision 200910/092 of Agenda Item 12.1.1’Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval’ of the Ordinary Meeting of Council held on 23 September 2009 and recorded on page 166 of those Minutes, that states:
“That Council:
i) reject all tenders submitted for Tender 09/21: Supply and Installation of Turf for Colin Matheson Oval;
ii) source quotes for the installation of turf at Colin Matheson Oval using stolons from the Port Hedland Golf Course;
iii) call tenders for the supply and installation of irrigation for Colin Matheson Oval to include freshwater flushing system; and
iv) use the balance of income to upgrade McGregor Street Oval and commence work on the Baler Primary School tank flushing system.”;
ii) awards Tender 09/21: Supply and Delivery of Turf at Colin Matheson Oval to Turfmaster for the sum of $302,200, plus GST; and
iii) advises all tenders of the outcome.
P AGE 150 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/156 Council Decision
NOTE: Mayor called for a show of hands in favour to consider the revoking of Council Decision 200910/092 of Agenda Item 12.1.1’Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval’ of the Ordinary Meeting of Council held on 23 September 2009 and recorded on page 166 of those Minutes. The following Councillors indicated their indent to do so:
Councillor Michael (Bill) Dziombak, Councillor David W Hooper, and Councillor Steve J Coates.
Moved: Cr S R Martin Seconded: Cr A A Coates
That Council rescinds Council Decision 200910/092 of Agenda Ite m 12.1.1 ’Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval’ of the Ordinary Meeting of Council held on 23 September 2009 and recorded on page 166 of those Minutes, that states:
“That Council:
i) reject all tenders submitted for Tender 09/21: Supply and Installation of Turf for Colin Matheson Oval;
ii) source quotes for the installation of turf at Colin Matheson Oval using stolons from the Port Hedland Golf Course;
iii) call tenders for the supply and installation of irrigation for Colin Matheson Oval to include freshwater flushing system; and
iv) use the balance of income to upgrade McGregor Street Oval and commence work on the Baler Primary School tank flushing system.”;
CARRIED BY ABSOLUTE MAJORITY 8/0
REASON: Council resolved the revocation of Agenda Item 12.1.1 ’Tender 09/21: Supply and Installation of Turf at Colin Matheson Oval’ of the Ordinary Meeting of Council held on 23 September 2009, separately to awarding the Tender.
P AGE 151 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/157 Council Decision
Moved: Cr A A Carter Seconded: Cr G J Daccache
That Council:
i) awards Tender 09/21: Supply and Delivery of Turf at Colin Matheson Oval to Turfmaster for the sum of $302,200, plus GST;
ii) advises all tenders of the outcome; and
iii) the shortfall balance to be allocated from GL Account Number 1201419 ‘Parks Upgrades – R4R’. CARRIED 8/0
REASON: Council resolved the awarding the Tender separately from the revocation of Council’s previous decision relating to this matter (September 2009); and allocated for the shortfall balance to be expended from General Ledger Account Number 1201419 ‘Parks Upgrades – R4R’.
P AGE 152 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.2.4 Infrastructure Development
11.2.4.1 Proposed Coastal Access Adjacent to Mundabullangana (Munda) Station (File No.: 28/01/0009)
Officer Jenella Voitkevich Manager Infrastructure Development
Date of Report 16th November 2009
Disclosure of Interest by Officer Nil
Summary
The purpose of this report is to advise Council of the progress on investigations into the provision of public access to coastal areas adjacent to Mundabullangana (Munda) Station and Boodarie Station.
Background
In November 2008 Council became aware of issues regarding public access to coastal areas surrounding Port Hedland, in particular, areas that require access through Munda and Boodarie Stations. The major issue is the provision of public access to the coast while ensuring the safety and security of the cattle station operations. Council has also identified conflicting information regarding the status of unsealed roads in this area and whether or not they are gazetted as public roads.
Since November 2008 Council staff have been liaising with station managers, Department of Regional Development and Lands State Land Services and Port Hedland Police regarding possible options to resolve these issues. Several reports have been presented to Council, with details of the resolutions below:
Ordinary Council Meeting – November 2008
At its Ordinary Council Meeting held in November 2008, Council resolved as follows:
“That Council: i) permits Munda Station Access Road (#238) to function as a public road with semi-restricted access; ii) enters into further discussions with the Leaseholder and Manager of Munda Station that aims to ensure that suitable public access is maintained, and invites the Leaseholder and/or Manager to an Informal Briefing of Council; and
P AGE 153 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
iii) continues to provide a minimum level of maintenance to Munda Station Access Road (#238)”
Special Council Meeting – February 2009
At its Special Council Meeting held in February 2009, Council resolved as follows:
“That Council formally advise the Managers of Munda Station that: i) Cowrie Creek Road (public road number 295); Munda Creek Road (public road number 369) and Munda Station Access Road (public road number 238) are public roads and, as such, are not legally allowed to be closed without appropriate consents being obtained; ii) while the Council is aware of issues associated with having public access on public roads through the station property, Council’s preference is the for public access to the roads to be available; iii) Council is willing to work with the station managers to determine appropriate mechanisms to allow managed access to the station roads; this may include options such as requiring people to contact the station manager prior to accessing the road; iv) they must contact Council’s Engineering staff to commence discussions regarding options for managed access to the road within two (2) weeks; failure to make contact will result in the Town opening the road for full public access; v) a public notice be placed in the North West Telegraph advising: 1. Council does not support public access being prohibited; and 2. is actively pursuing discussions with Munda Station owners and/or management to enable public access where legally permitted.”
Ordinary Council Meeting – July 2009
At the Ordinary Council Meeting held in July 2009 a confidential item was presented to Council regarding public access to Munda Station Access road. This item was presented as a result of investigations into the status of road number 238, which was identified as a public road on Council’s inventory however not identified on the station lease agreements. At that meeting, Council resolved as follows:
“That: i) The status of Munda Station Access road (road number 238) is updated to ‘private’ on Council’s road inventory; ii) A notice is placed in the North West Telegraph notifying the public of the change of road status and that access
P AGE 154 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
can be requested by contacting the Leasee or the station manager.”
Since the change in status of Munda Station Access road it has become apparent that the status of Whim Creek road, which passes through both Munda and Boodarie Stations may also be incorrect. Research has found that Whim Creek road is a mixture of gazetted roads, closed roads, and informal tracks. A team has met to discuss these issues, with the progress updated within this report.
Consultation
Council staff – Manager Infrastructure Development, Manager Environmental Health Department of Regional Development and Lands State Land Services (Murray Raven) Munda Station manager (Michael Thompson) Boodarie Station caretaker (Arthur Hodder) Boodarie Station lease holder – BHP Billiton Iron Ore (via Patrick Melberg and Andre Veder) Port Hedland Police (Kim Massam) Councillor Stan Martin (current Mayor at time of meeting) Member for the Pilbara (Hon. Tom Stephens)
Statutory Implications
Nil to date, however further development of the provision of coastal access may require clearances and approvals of a statutory nature such as clearing of native vegetation, dedication of a public road, indigenous heritage clearances, etc.
Policy Implications Nil
Strategic Planning Implications Nil
Budget Implications
Nil to date, however further development of the provision of coastal access will have budget implications, which will be presented to Council for consideration.
Officer’s Comment
Stakeholders met on the 7th September to discuss the issues regarding public coastal access, status of roads currently providing access to the coast and how to ensure that station operations are not impacted by public access through the leased area. The group decided on the following actions: • State Land Services to provide a map clearly outlining Munda and Boodarie Station lease boundaries, gazetted and ungazetted roads (where known)
P AGE 155 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
• A team would investigate the best route to the coast and identify the main recreational areas (Boodarie Landing, Cowrie Creek, etc). This investigation would include a survey comparison of the route travelled and the gazetted roads • This information would then be presented to Council, station lease holders/managers and the community for feedback • Pending feedback, further investigations would commence including construction and maintenance costs of new roads, management plans for roads and dedicated recreation areas, resource implications, responsibilities, Indigenous heritage issues, clearing permits, etc • Investigations will then be made into the service provision at the recreation areas, i.e. if toilets, bins and boat ramps will be provided, if caretakers are required and if a camping fee structure will be proposed • If all of the above is approved then the new roads can be dedicated (or appropriate agreements put in place)
On the 29th October a team consisting of representatives from Council staff, State Land Services, BHP Billiton, Boodarie Station and surveyors investigated the coastal access routes and popular recreation areas. Approval was granted from both Munda and Boodarie Stations to access the leased area. Several recreation areas where investigated, with each one being assessed on accessibility, available space for provision of services or camping areas, access to boat launching facilities, restrictions due to tidal conditions and proximity to station areas. The areas most suitable for formal recreation purposes were Polkaymya Creek and an area known as ‘the Bus Stop’ near Boodarie Landing however these will be further assessed pending road survey results and community consultation.
The access routes have been surveyed and are now in the process of being compared with the data available on the gazetted roads. This will enable us to determine the best possible route to the coast while minimizing statutory processes and construction costs. Once this is complete we will commence investigations into broad construction costs and carry out community consultation.
Attachments
Land tenure and road status map
200910/158 Council Decision/Officer’s Recommendation
Moved: Cr S R Martin Seconded: Cr J M Gillingham
That Council notes the progress of investigations into public coastal access.
CARRIED 8/0
P AGE 156 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.2.4.1
P AGE 157 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 158 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 159 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3 GOVERNANCE AND ADMINISTRATION
11.3.1 Corporate Services
11.3.1.1 Financial Reports to Council for Period Ended 30 September 2009 (File Nos: FIN-008, FIN-014 and RAT- 009)
Officer Lee Crombie Senior Finance Officer
Date of Report 14 September 2009
Disclosure of Interest by Officer Nil
Summary
The objective of this item is to present a summary of the financial activities of the Town to 30 September 2009, and to compare this with that budgeted for the period. With regard to the Town’s Utility and Fuel Costs, a comparison is made with 2008/09.
Background
1. Financial Statements
Presented (see attachments) in this report for the financial period ended 30 September 2009, are the:
• Statements of Financial Activity – see Schedules 2 to 14; • Notes (1 to 10) to and forming part of the Statements of Financial Activity for the period ending 30 September 2009; • Review of Transaction Activity.
Note: Interest Rates for investments are selected from those provided from the following financial institutions: National Australia Bank, BankWest, Commonwealth Bank, AMP, Westpac Bank, Big Sky, Citigroup and the Australian and New Zealand Bank.
2. Utility and Fuel Costs
Presented in graph form (see attached), is the 2009/10 monthly water, power and fuel costs compared with 2008/09.
3. Schedule of Accounts Paid
The Schedule of Accounts paid (see attachment) under delegated authority as summarised below, and which is submitted to Council on 25 November 2009 for receipt, has been checked and is fully supported by vouchers and invoices which have been duly certified as to the receipt of goods and rendition of services, and verification of prices, computations and costs.
P AGE 160 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Voucher No's Pages Fund Fund Value $ Description No. Name From To From To Municipal CHQ19107 CHQ19157 341,077.55 1 9 1 Fund
Municipal EFT26854 EFT27099 2,967,210.02 10 52 1 Fund Photocopier Lease – Municipal Engineering CMS070709 CMS070709 192.39 52 52 1 Fund Department
Municipal PAY080909 PAY080909 268,417.71 52 52 1 Fund Municipal PAY220909 PAY220909 260,989.99 52 52 1 Fund Municipal Finance BOQ280909 BOQ280909 891.10 52 52 1 Fund Equipment Municipal Total 3,838,778.76
3001708 3001717 8,040.00 52 53 3 Trust Fund
Trust Total 8,040.00
Sub-Total 3,846,818.76
LESS: one-off pays -
Total 3,846,818.76
Consultation Nil
Statutory Implications
Financial Statements
Regulation 34 of the Local Government (Financial Management Regulations), states as follows:
“34. Financial activity statement report - s. 6.4 (1) A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail: (a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c); (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; (d) material variances between the comparable amounts referred to in paragraphs (b) and (c); and
P AGE 161 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(e) the net current assets at the end of the month to which the statement relates. (2) Each statement of financial activity is to be accompanied by documents containing: (a) an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets; (b) an explanation of each of the material variances referred to in subregulation (1)(d); and (c) such other supporting information as is considered relevant by the local government. (3) The information in a statement of financial activity may be shown: (a) according to nature and type classification; (b) by program; or (c) by business unit. (4) A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be: (a) presented to the council: (i) at the next ordinary meeting of the council following the end of the month to which the statement relates; or (ii) if the statement is not prepared in time to present it to the meeting referred to in subparagraph (i), to the next ordinary meeting of the council after that meeting; and (b) recorded in the minutes of the meeting at which it is presented. (5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with AAS 5, to be used in statements of financial activity for reporting material variances. In this regulation: “committed assets” means revenue unspent but set aside under the annual budget for a specific purpose; “restricted assets” has the same meaning as in AAS 27.
Section 6.12 of the Local Government Act 1995 (Power to defer, grant discounts, waive or write off debts) states:
“(1) Subject to subsection (2) and any other written law, a local government may – (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. (2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates and service charges.”
P AGE 162 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Policy Implications
2/003 Financial Statements – Copies for Councillors
Apart from the financial reports presented to Council as required by way of legislation, the following reports will be presented to Council:
• Monthly Bank Reconciliation of the Municipal, Reserve and Trust Fund +90 day outstanding Sundry Debtors Report List of Accounts paid under Delegated Authority Register of Investments Rate Summary Trial Balance Reserve Account Balances
• Quarterly Quarterly Budget Review Report on all Budgeted Grants of $50,000 or more.
Irregular Financial reports will be presented to Council on request.
Strategic Planning Implications
Key Results Area 5 Environment Goal 2 Natural Resources Strategy 1. Continue to monitor and report on the level of Council’s energy, fuel and water use.
Budget Implications
At the Special Meeting held on 9 July 2008, Council resolved to adopt item … Budget Adoption, which included Recommendation 12 as follows:
“Recommendation 12
That Council adopts the following percentage or dollar value for determining and reporting material variances as follows:
1. 10% of the Function amended budget; or 2. $100,000 of the Function amended budget
whichever is the lesser, for the following categories of revenue and expenditure:
a. Operating Revenue b. Operating Expenditure c. Non-Operating Revenue d. Non-Operating Expenditure”
P AGE 163 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Officer’s Comment
For the purpose of explaining Material Variance (Expense/Revenue Up or Down, and see attachment Schedule 2) a three-part approach was taken:
Period Variation Relates specifically to the value of Variance between the Budget and Actual figures for the period of the report.
Primary Reason Identifies the primary reasons for the period Variance. As the report is aimed at the higher level analysis, minor contributing factors are not reported.
Budget Impact Forecasts the likely $ impact on the Amended Annual Budget position. It is important to note that figures in this part are ‘indicative only’ at the time of reporting, and that circumstances may subsequently change.
Attachments
• Page 1–3 of 12. Schedule 2 being a Statement of Financial Activity • Pages 4 to 12. Notes 3 to 12 which form part of the Statements of Financial Activity. Also Note 10 – September 2009 Bank Reconciliations. • Pages 1 to 49. Detailed Financial Activity by Program. • September 2009 Accounts for Payment • Comparison Between 2008/09:2009/10 Utility & Fuel Costs
P AGE 164 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/159 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr M Dziombak
That:
i) the:
a) Statements of Financial Activity (represented by Schedules 2 to 14); b) Notes (1 to 10) to and forming part of the Statements of Financial Activity for the period ending 30 September 2009; and c) Review of Transaction Activity, as attached and/or presented be received;
ii) graphic representation of the Town’s energy, water and fuel use as attached be received; and
iii) the list of Accounts paid during September 2009 under Delegated Authority, as presented and/or attached be received.
CARRIED 8/0
7:09 pm Councillor G J Daccache declared a financial interest in Agenda Item 11.3.1.2 ‘Lease with BHP Billiton to Increase the Colin Matheson Oval’ as he is employed by BHP Billiton and owns greater than $10,000 BHP Billiton shares.
Councillor Daccache left the room.
7:09 pm Councillor S J Coates declared a financial interest in Agenda Item 11.3.1.2 ‘Lease with BHP Billiton to Increase the Colin Matheson Oval’ as he is employed by BHP Billiton and owns greater than $10,000 BHP Billiton shares.
Councillor Coates did not leave the room.
P AGE 165 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.2 Lease with BHP Billiton to Increase the Colin Matheson Oval (File No.: …)
Officer Matthew Scott Director Corporate Services
Date of Report 9 October 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider BHP Billiton’s response regarding Council’s offer to purchase a Portion of Lot 3263 Dempster Street to increase the size of Colin Matheson Oval.
Background
The actual Colin Matheson Oval occupies reserve 34344 and a portion of Lot 3263 Dempster Street, being part of the old St Cecelia School Site, now owned by BHP Billiton. Over the last 12 Months Council as been negotiating with BHP Billiton to formalise tenure this portion of land outside of Reserve 34344.
At the Ordinary Meeting of Council, held on 25 March 2009, Council resolved as follows:
“That Council:
i) offers to purchase the land, a portion of Lot 3263 Dempster Street Port Hedland, for one (1) dollar for community use; and
ii) advise it is prepared to offer the first right of refusal to BHP Billiton Iron Ore, should Council wish to sell the land adjacent to the oval in the future.”
On the 26 October 2009 Council received an email response from BHP Billiton stating that BHP Billiton was not prepared to either gift or sell the land to the Town of Port Hedland, but prepared to offer a 5 year lease, with a further 5 year option, for $1 per annum.
Council now needs consider BHP Billiton’s counter offer to progress this matter.
Consultation Nil
Statutory Implications Nil
Policy Implications Nil
Strategic Planning Implications Nil
P AGE 166 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Budget Implications
Both Council’s offer to purchase the land for $1.00 nor BHP Billiton Counter offer to Lease for $1.00 will have no impact on the Council’s overall budget position.
Officer’s Comment
It is understood that Council’s current position (Ordinary Council Meeting held 25 March 2009) is based on past understandings with BHP Billiton with regards to the this Portion of land being held indefinitely for community use. Though this may be the interpretation of past discussion and correspondence with BHP Billiton representatives, Council needs to understand that BHP Billiton own the land free hold and there is no restrictive covenants on the current title, enforcing this position. BHP Billiton’s plan indicates the land as public space for the old St Cecelia development, to the extent that access is restricted. Though this land is unlikely to used, BHP Billiton, like any other land owner, has the right to determine how and when it’s assets will be used.
The counter offer by BHP is a compromise to Council position, and will ensure the use of land for community for at least 10 years (5+5), for very marginal cost, compared to the probable real value of the lease.
There are several developments associated with Colin Matheson Oval affected by further deferring a decision or trying to further negotiate on this matter. Council is currently realigning the Oval to fit on Reserve 34344, so the need to actually own the land is now superfluous. A 10 year lease will provide the opportunity for this to occur without impacting significantly on users of the Oval.
Should Council no accept this reasonable counter offer, there is a risk that BHP Billiton could:
1. Withdraw from any further negotiations, and continue to uncertainity of tenure of the land; and/or
2. Restrict access/use of land, and interrupt community use of the oval.
Attachments
Map Indicating proposed lease area.
P AGE 167 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/160 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council:
i) Accept the offer from BHP Billiton to lease a portion of Lot 3263 Dempster Street for a five (5) + five (5) year lease for $1 per annum; and
ii) Authorise the Chief Executive Officer (or his delegate) to execute the neces sary lease documents with BHP Billiton.
CARRIED 7/0
7:10 pm Councillor G J Daccache re-entered the room and assumed his chair.
Mayor advised Councillor Daccache of Council’s decision.
P AGE 168 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 1 TO AGENDA ITEM 11.3.1.2
P AGE 169 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
7:10 pm Councillor G J Daccache declared an impartiality in Agenda Item 11.3.1.3 ‘Community Rating Policy’ as he is a member of the Cooke Point Recreation Club Inc. Councillor Daccache advised that as a consequence, there may be a perception that his impartiality on the matter may be affected. Councillor Daccache declared that he will consider this matter on its merits and vote accordingly. Councillor Daccache did not leave the room.
P AGE 170 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.3 Community Rating Policy (File No.: …)
Officer Matthew Scott Director Corporate Services
Date of Report 9 October 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider re-initiating the development of a Community Rating Policy.
Background
Since November 2008, Council has discussed the need for a “Community Rating Policy” to provide both the Community and Administration direction on how Council would provide rating exemptions for Community Groups. This was the result of several community groups requesting rates exemption for the 08/09 Financial Year.
In February 2009, Council endorsed community consultation on a proposed policy developed by the Administration. Based on the community feedback received, a number of Community Workshops where arranged in March to further explain Council’s intent and develop possible amendments to the proposed policy.
The outcome of these Community Workshops where presented to the May Briefing Session of Council, noting the following comments:
• General need for a policy, however did not like the proposed criteria; • Current policy would increased rates from community groups, not providing concessions; • Various interpretations of the criteria's, depending on community group; • 100% concession should be provided for groups that provide recreational, cultural and social activities; • Why the need for 100% & 50% concession categories? • Significant debate financial information required; • Criteria is too prescriptive and should be more general, ie like SOR, which provides a 100% concession for “sporting groups”;
After some discussion, Council chose to put the proposed policy “on hold” and determine rates exemptions based on individual merit.
P AGE 171 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Since this time Council has either considered or been requested to consider the following rates exemptions, related to Community Groups:
Organisation Address $ Council Decision South Hedland Lot 5164, Shoata Road, Approved –
Owners & South Hedland June’09 23,674.80 Trainers Wangka Maya Lot 309, Hamilton Road, Approved – Language Centre South Hedland 5,456.96 June’09 Wirraka Maya 1-5 Hamilton Road, Approved – Health Service South Hedland 10,787.01 June’09 Wirraka Maya 3 Daylesford Close, Approved – Health Service South Hedland 1,897.48 June’09 Wirraka Maya 9 Morgans Street, South Approved – Health Service Hedland 1,535.04 June’09 Cooke Point 13-27 Keesing Street, Under Recreation Club Port Hedland 8,790.68 Consideration Pilbara Meta 1 Chunking Crescent, Under Maya Regional South Hedland 1,641.64 Consideration Pilbara Meta 1 Limpet Crescent, Under Maya Regional South Hedland 1,599.00 Consideration Pilbara Meta 52 Somerset Crescent, Under Maya Regional South Hedland 1,556.36 Consideration Pilbara Meta 41 Brodie Crescent, Under Maya Regional South Hedland 1,471.08 Consideration Pilbara Meta 7 Arabella Street, South Under Maya Regional Hedland 1,662.96 Consideration Pilbara Meta 3 Yanana Street, Under Maya Regional Wedgefield 2,771.60 Consideration Pilbara Meta 95 Bottlebrush Under
Maya Regional Crescent, South Consideration 653.00 Hedland Bloodwood Tree 36 Roberts Street, Under Assoc. South Hedland 1,300.52 Consideration Wirraka Maya 25 Sutherland Street, Under Health Service Port Hedland 1,620.32 Consideration Total 66,418.45
Consultation
P AGE 172 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Statutory Implications
Local Government Act 1995
2.7. The role of the council (1) The council (a) directs and controls the local government's affairs; and (b) is responsible for the performance of the local government's functions. (2) Without limiting subsection (1), the council is to (a) oversee the allocation of the local government's finances and resources; and (b) determine the local government's policies.
6.26. Rateable land (1) Except as provided in this section all land within a district is rateable land. (2) The following land is not rateable land - (a) land which is the property of the Crown and - (i) is being used or held for a public purpose; or (ii) is unoccupied, except - (I) where any person is, under paragraph (e) of the definition of }owner~ in section 1.4, the owner of the land other than by reason of that person being the holder of a prospecting licence held under the Mining Act 1978 in respect of land the area of which does not exceed 10 hectares or a miscellaneous licence held under that Act; or (II) where and to the extent and manner in which a person mentioned in paragraph (f) of the definition of }owner~ in section 1.4 occupies or makes use of the land; (b) land in the district of a local government while it is owned by the local government and is used for the purposes of that local government other than for purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the local government; (c) land in a district while it is owned by a regional local government and is used for the purposes of that regional local government other than for the purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the regional local government; (d) land used or held exclusively by a religious body as a place of public worship or in relation to that worship, a place of residence of a minister of religion, a convent, nunnery or monastery, or occupied exclusively by a religious brotherhood or sisterhood; (e) land used exclusively by a religious body as a school for the religious instruction of children; (f) land used exclusively as a non-government school within the meaning of the School Education Act 1999; P AGE 173 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(g) land used exclusively for charitable purposes; (h) land vested in trustees for agricultural or horticultural show purposes; (i) land owned by Co-operative Bulk Handling Limited or leased from the Crown or a statutory authority (within the meaning of that term in the Financial Administration and Audit Act 1985) by that company and used solely for the storage of grain where that company has agreed in writing to make a contribution to the local government; (j) land which is exempt from rates under any other written law; and (k) land which is declared by the Minister to be exempt from rates. (3) If Co-operative Bulk Handling Limited and the relevant local government cannot reach an agreement under subsection (2)(i) either that company or the local government may refer the matter to the Minister for determination of the terms of the agreement and the decision of the Minister is final. (4) The Minister may from time to time, under subsection (2)(k), declare that any land or part of any land is exempt from rates and by subsequent declaration cancel or vary the declaration. (5) Notice of any declaration made under subsection (4) is to be published in the Gazette. (6) Land does not cease to be used exclusively for a purpose mentioned in subsection (2) merely because it is used occasionally for another purpose which is of a charitable, benevolent, religious or public nature.
Policy Implications Nil
Strategic Planning Implications Nil
Budget Implications
In the 09/10 Annual Budget, Council approved $103,150 (page 33, Budget Document in Rates Concessions). In the November Agenda, Council has additional $23,067 worth of rates exemptions for Community Groups under consideration.
Council should note that rates are Council’s primary means of raising income to cover operational costs. Currently all other (non exempt) ratepayers need to contribute an additional 1% (on average), in their rates, to offset these exemptions.
Officer’s Comment
Council currently has no policy regarding rates exemption, and therefore considers each request on an ad hoc basis. This has lead to inconsistent decisions, such as the case of Wirraka Maya Health Service, where Council set a precedent in exempting both the primary location (Hamilton Road) and residences rented to staff.
P AGE 174 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
As Council will note in this agenda, there are some 10 properties up for consideration for exemption based solely on “Community Group” status.
As there is no policy, there are no instructions available for staff to assist community groups in providing sufficient information required by Council to support their requests. This therefore increases the risk that creditable applicants could inadvertently miss out.
In considering the suggestions from the community workshops in March, it is believed a relatively simple policy can be developed which would:
1. Determine charitable status; and 2. Restrict exemptions to primary service delivery locations (not residential houses); and 3. Restrict concessions to organisations that have provided commercial activities or services.
Though no law currently provides a adequate or objective definition of “Charity”, most recognised charities do have “Charitable Status” from the Australian Taxation Office (ATO). Should an organisation have this status, then it is believed that they should receive an exemption (as per Section 6.26(2)(g)). In using the ATO “Charitable Status” as a guide, this will also reduce the amount of necessary financial information Council would need to consider, as this has already been verified by the ATO.
Though Council has provided a concession for the staff housing with Wirraka Maya Health Service, it is believed this is not a practice Council should continue. Based on Council’s decision, all other community groups currently receiving a concession could objectively argue that their concession should also “flow on” to their staff accommodation, which could result in thousands of dollars of additional concessions. Council should note that under Section 6.26, the only “housing” type exemption given is to “a place of residence of a minister of religion, a convent, nunnery or monastery.” Specifically restricting concession to residential accommodation will prevent this issue being raised in the future.
During the Community Workshops, a lot of discussion was made regarding the definition of “Commercial Operations”. Many groups argued that general club activities (sale of equipment, ticket sales, etc.) could be determined to be “commercial” and therefore lose their exempt status. This was never Council’s intent, as many of these activities (equestrian equipment sales by SHOATA, entry fees for the Race club) are specific or central to the particular clubs activities, with no alternative in town.
P AGE 175 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
It is believed that Council’s intent regarding “commercial activities” was not to provide concessions to clubs that may compete directly with the activities of the private sector. The easiest example of this would be clubs that provide a bar or restaurant facility that potentially competes with private establishments in the district.
In considering this new policy, Council should acknowledge that concession currently provided cannot easily be revoked or discontinued. This policy should act as guide for future concessions. All Concession still needs to be approved by Council. This will provide Council with the discretion it currently has, as well as adding a policy that will allow staff to advise Community, on what situations they are likely to receive a concession.
Attachments Nil
Officer’s Recommendation
That Council adopts the following Community Rating Policy:
“COMMUNITY GROUP RATING POLICY
1. It is the policy of the Town of Port Hedland that any concession of rates in respect of any rateable land in the Council area will be available only when the applicant satisfies the requirements under the Local Government Act 1995 and, where appropriate, the requirements of this Policy.
2. Rates concessions will only be provided to community groups or associations that operate as a body corporate or an Incorporated Association and not to an individual person.
3. The Town of Port Hedland will provide a 100% concession with respect to any organisation that has acquired “Charitable Status” or equivalent from the Australian Taxation Office.
4. Rates concessions for residential properties not used in the primary service delivery of the community group or association’s activities or service will not be eligible for a concession.
5. Community groups or association, that in the opinion of Council, provide activities that have a significant commercial focus (i.e. bars and/or restaurants) will not be eligible for rates concessions..”
P AGE 176 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/161 Council Decision
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council lay Agenda Item 11.3.1.3 ‘Community Rating Policy’ on table pending further discussion by Council.
CARRIED 8/0
REASON: Council sought to discuss the proposed Community Rating Policy further prior to finalising the policy.
P AGE 177 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.4 Outstanding Rates (File No: RAT-017)
Officer Brie Holland Senior Rates Officer
Date of Report 10 November 2009
Disclosure of Interest by Officer Nil
Summary
To advise Council of overdue rates and charges to be referred to Dun & Bradstreet (Town of Port Hedland’s debt collector). Referring overdue rates to Dun & Bradstreet will have the effect of expediting their recovery.
Background
The Town’s rates notices were issued on 7 August 2009 and as per the 2009/10 Annual Budget ratepayers were presented with options and incentives to pay their rates in full on the due date (11 September 2009), to go onto a four instalment payment plan, or to apply to pay via an alternative arrangement. At the time of writing unpaid rates accounts (see attached list) were due to be referred to Dun & Bradstreet for collection. Please note that the attached list does not include ratepayers with outstanding balances $50.00 or below (equating to $2708.51).
Of the sum outstanding: $852,475.98; $102,768.82 related to payers having outstanding rates from previous years, and $91,381.45 related to payers having deferred Underground Power, therefore the total outstanding for 2009/2010 is $658,325.71. This outstanding balance has decreased by 32.64% compared to the similar time last year (total outstanding $977,349.60). The dramatic decrease in outstanding rates could be contributed to the success of the Rates Incentive Program.
Given that rates and charges and the costs associated with collecting rates are secured on the property, should rates remain outstanding for at least 3 years, Council may sell or lease the property. However, prior to taking this action a Council must demonstrate that it has taken all possible measures to collect the overdue rates. While it is preferred that Council would not have to take these measures to recover rates, occasion may present itself where there is no other recourse.
Consultation
With regard to the 2009/2010 rates and charges levied by the Town, all ratepayers have had adequate time and notice to either pay or make arrangement to pay them.
P AGE 178 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
The ratepayers to be referred to the Town’s debt collector have already received the following:
• Original Rate Notice 7 August 2009 • Final Rate Notice 25 September 2009
Statutory Implications
Local Government Act 1995
“6.56. Rates or service charges recoverable in court (1) If a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a court of competent jurisdiction. (2) Rates or service charges due by the same person to the local government may be included in one writ, summons, or other process.”
Policy Implications
Rating Policy 2/004 (in part) states:
“Collection
A copy of the rate assessment marked “Final Notice” shall be issued a further than 45 (forty five) days after issue of the original assessment, allowing 14 (fourteen) days for payment of the account.
Outstanding rate accounts for which satisfactory arrangements to pay have not been made within 69 (sixty nine) days after issue of the original assessment, shall then be forwarded to a debt collection agency appointed by the Chief Executive Officer, or relevant appointed Officer. …”
Strategic Planning Implications Nil
Budget Implications
Rates uncollected will have the effect of impacting directly on Council’s liquid or cash funds, thereby reducing its ability to meet payments for works & services.
Officer’s Comment
Through the 2009/2010 Budget adoption process Council declared its commitment to the collection of any and all outstanding rates. In order to satisfy this, Council should make every endeavor to motivate non-payers to pay their share of the total rates levied. Otherwise, Council’s capacity to pay for the various services and needs identified in the Budget will diminish with time.
P AGE 179 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Attachment
Outstanding Rates List
200910/162 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr G J Daccache
That Council:
i) Receive the list of assessments (subject to payments received and/or arrangements entered into) that will be forwarded to Council’s debt collector, as per Council Policy; and;
ii) Authorise the debt collector (Dun & Bradstreet) to take any appropriate action, including legal action, to effectively collect the Town’s overdue rates debt, in accordance with the Local Government Act 1995, and Council Policy.
CARRIED 8/0
P AGE 180 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT 1 TO AGENDA ITEM 11.3.1.4
Assess Total Balance No. Property Address Suburb $ A101940 14 KEESING STREET PORT HEDLAND 6721 7,188.74 A102300 11 FINLAY STREET PORT HEDLAND 6721 154.43 A102380 10 FINLAY STREET PORT HEDLAND 6721 538.19 A107570 11 1 KEESING STREET PORT HEDLAND 6721 1,273.92 A107780 6/ 7 KEESING STREET PORT HEDLAND 6721 964.78 A108900 11 MOORE STREET PORT HEDLAND 6721 967.87 A108910 13 MOORE STREET PORT HEDLAND 6721 967.87 A109160 48 MOORE STREET PORT HEDLAND 6721 5,205.09 A109400 6 TREMBATH STREET PORT HEDLAND 6721 154.43 A109521 UNIT 1/ 4 BAYMAN STREET PORT HEDLAND 6721 538.19 A114940 69 KINGSMILL STREET PORT HEDLAND 6721 5,826.10 A114970 61 MOORE STREET PORT HEDLAND 6721 222.79 A115240 8 BAYMAN STREET PORT HEDLAND 6721 212.44 UNIT A & B/ 62 MORGANS A116270 STREET PORT HEDLAND 6721 756.16 A116300 2 GRANT PLACE PORT HEDLAND 6721 2,081.39 A116340 97 ATHOL STREET PORT HEDLAND 6721 2,426.18 A116480 1 MOORE STREET PORT HEDLAND 6721 2,102.14 A116580 57 KINGSMILL STREET PORT HEDLAND 6721 2,360.58 A116590 111 ANDERSON STREET PORT HEDLAND 6721 1,898.03 A116761 54 REDBANK ROAD PORT HEDLAND 6721 1,112.13 A116770 26 ROCHE ROAD PORT HEDLAND 6721 7,974.39 A117065 UNIT 5 /88 ANDERSON STREET PORT HEDLAND 6721 6,521.47 A117800 22 HARPER STREET PORT HEDLAND 6721 2,321.89 A117970 47 MOORE STREET PORT HEDLAND 6721 1,827.54 A118212 B 56 MORGANS STREET PORT HEDLAND 6721 130.00 A118222 39 MORGANS STREET PORT HEDLAND 6721 2,987.23 A118920 68 MORGANS STREET PORT HEDLAND 6721 1,807.51 LOT 2 & 3 GREAT NORTHERN A119200 HIGHWAY PORT HEDLAND 6721 29,141.59 A119650 175 ANDERSON STREET PORT HEDLAND 6721 1,834.76 A119990 42 ANDERSON STREET PORT HEDLAND 6721 737.91 A120200 48 ANDERSON STREET PORT HEDLAND 6721 5,420.94
A120960 17 TINDER STREET PORT HEDLAND 6721 60.16
A121880 37 MCPHERSON STREET PORT HEDLAND 6721 65.63 A122700 UNIT 10 / 5 KEESING STREET PORT HEDLAND 6721 177.99 A122820 59 ROBINSON STREET PORT HEDLAND 6721 2,132.67 A122840 30 REDBANK ROAD PORT HEDLAND 6721 4,574.65 A122930 75 REDBANK ROAD PORT HEDLAND 6721 1,454.77 A123041 44 ANDERSON STREET PORT HEDLAND 6721 1,464.75
A123510 74 GOODE STREET PORT HEDLAND 6721 62.14
A124000 122 SUTHERLAND STREET PORT HEDLAND 6721 60.00 P AGE 181 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A124150 25 MORGANS STREET PORT HEDLAND 6721 1,649.19
A124420 1 HOWE STREET PORT HEDLAND 6721 57.00 A126660 LOT 562 STOCKER STREET PORT HEDLAND 6721 2,524.33 A126900 58 MCPHERSON STREET PORT HEDLAND 6721 538.74 A127020 16 KINGSMILL STREET PORT HEDLAND 6721 239.91
A127970 7 WOODMAN STREET PORT HEDLAND 6721 61.41
A128370 37 KINGSMILL STREET PORT HEDLAND 6721 60.79 A128390 10 MOSELEY STREET PORT HEDLAND 6721 154.43 A128540 9 RICHARDSON STREET PORT HEDLAND 6721 3,021.69 A128570 207 ATHOL STREET PORT HEDLAND 6721 3,776.31 202 FORREST LOCATION A128990 (PIPPINGARRA STATIO PORT HEDLAND 6721 4,035.76 A129000 LOC 129 FORREST LOCATION PORT HEDLAND 6721 696.00 A129001 LOC 148 FORREST LOCATION PORT HEDLAND 6721 2,430.91 A130148 21 TINDER STREET PORT HEDLAND 6721 1,009.41 A130621 73A SUTHERLAND STREET PORT HEDLAND 6721 538.19 A130636 UNIT 4/17 MCGREGOR STREET PORT HEDLAND 6721 2,006.92
A130638 UNIT 2/17 MCGREGOR STREET PORT HEDLAND 6721 75.15 A130642 4B RODOREDA STREET PORT HEDLAND 6721 1,873.44 A155380 12 BUTLER WAY PORT HEDLAND 6721 1,237.91 LSE31LOT 1607 MCGREGOR A155960 STREET PORT HEDLAND 6721 896.64
A156600 LOC 80 FORREST LOCATION PORT HEDLAND 6721 59.56
A156610 LOC 125 FINUCANE ISLAND PORT HEDLAND 6721 59.56 A156720 LOT 78 THE ESPLANADE PORT HEDLAND 6721 2,624.16 A300058 31 STYLES ROAD PORT HEDLAND 6721 2,923.04
A400031 M45/00094 MINING TENEMENT PORT HEDLAND 6721 59.56
A400032 M45/00095 MINING TENEMENT PORT HEDLAND 6721 59.56
A400033 M45/00096 MINING TENEMENT PORT HEDLAND 6721 59.56
A400034 M45/00097 MINING TENEMENT PORT HEDLAND 6721 59.56
A400036 M45/00099 MINING TENEMENT PORT HEDLAND 6721 59.56
A400037 M45/00100 MINING TENEMENT PORT HEDLAND 6721 59.56
A400038 M45/00101 MINING TENEMENT PORT HEDLAND 6721 59.56 A400080 4 WEBSTER STREET PORT HEDLAND 6721 538.19
A400200 4 SUTHERLAND STREET PORT HEDLAND 6721 68.92 A400320 2 TREMBATH STREET PORT HEDLAND 6721 2,180.98 A400330 83 ATHOL STREET PORT HEDLAND 6721 5,880.82 A400360 1 WYNDHAM STREET PORT HEDLAND 6721 4,180.91
P AGE 182 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A400420 167 ATHOL STREET PORT HEDLAND 6721 538.19 A401850 LOT 953 COOKE POINT DRIVE PORT HEDLAND 6721 132.82 LOT 18 NORTH WEST COASTAL A401870 HWY PORT HEDLAND 6721 27,246.96 A402331 UNIT 1-25/ 151 ATHOL STREET PORT HEDLAND 6721 130.00
A402861 UNIT 1-14/ 5 KINGSMILL STREET PORT HEDLAND 6721 87.37 A402930 LOT 452 SUTHERLAND STREET PORT HEDLAND 6721 303.29 A403050 UNIT 6-14A/ 8 LEEDS STREET PORT HEDLAND 6721 150.22 A404340 41 GRATWICK STREET PORT HEDLAND 6721 3,724.88 A405390 2 SUTHERLAND STREET PORT HEDLAND 6721 2,137.97 A405490 6 RODOREDA STREET PORT HEDLAND 6721 1,929.38 A406290 99 ATHOL STREET PORT HEDLAND 6721 342.89 A406320 4 GRANT PLACE PORT HEDLAND 6721 2,261.65 A406920 16 EDGAR STREET PORT HEDLAND 6721 1,246.94 A800024 LOC 98 FORREST LOCATION PORT HEDLAND 6721 1,088.74 UNIT LOC 6047 FORREST A800088 LOCATION PORT HEDLAND 6721 59.56 AML45/249SA MINING A800101 TENEMENT PORT HEDLAND 6721 68.19 A800116 LOT 15 MANILINHA DRIVE PORT HEDLAND 6721 897.52
A800160 9 WILSON STREET PORT HEDLAND 6721 69.63 LOT 2444 GREAT NORTHERN A800290 HIGHWAY (FMG CAM PORT HEDLAND 6721 2,743.24 A800350 25 SUTHERLAND STREET PORT HEDLAND 6721 1,900.32 A800360 11 SUTHERLAND STREET PORT HEDLAND 6721 3,815.18 A801988 AML45/250SA AML TENEMENT PORT HEDLAND 6721 2,610.45
A802160 L170 FINUCANE ISLAND PORT HEDLAND 6721 67.31
A802474 G45/00265 MINING TENEMENTS PORT HEDLAND 6721 84.50 A802475 P45/02335 MINING TENEMENTS PORT HEDLAND 6721 718.66 A803021 18 WHARF ROAD PORT HEDLAND 6721 5,244.52
A803026 23 WHARF ROAD PORT HEDLAND 6721 78.26 A803042 39 WHARF ROAD PORT HEDLAND 6721 704.66 A803043 P40 WHARF ROAD PORT HEDLAND 6721 710.60 A803044 P41 WHARF ROAD PORT HEDLAND 6721 704.66 LOT 270 GREAT NORTHERN A803135 HIGHWAY PORT HEDLAND 6721 10,149.76 LOT 369 FORREST LOCATION A803139 (DEGREY) PORT HEDLAND 6721 2,273.42 A803163 76 ANDERSON STREET PORT HEDLAND 6721 2,565.83 LOC 209 FORREST LOCATION A803237 (YANDEYARRA STN PORT HEDLAND 6721 29,746.17 A803240 L255 FORREST LOCATION PORT HEDLAND 6721 222.96 AML45/00235SA MINING A803281 TENEMENT PORT HEDLAND 6721 1,086.74 AML45/00242SA MINING A803282 TENEMENT PORT HEDLAND 6721 4,651.38 A803285 AML45/00269SA MINING PORT HEDLAND 6721 31,617.01 P AGE 183 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
TENEMENT 102 SUTHERLAND STREET A803296 (STRATA L1) PORT HEDLAND 6721 2,895.82
A803307 M47/00474 MINING TENEMENTS PORT HEDLAND 6721 72.23
A803308 M47/00475 MINING TENEMENTS PORT HEDLAND 6721 90.62
A803309 M47/00476 MINING TENEMENTS PORT HEDLAND 6721 94.59 A803310 M47/00477 MINING TENEMENTS PORT HEDLAND 6721 153.67 A803311 M47/00480 PORT HEDLAND 6721 251.66
A803338 E47/01386 MINING TENEMENT PORT HEDLAND 6721 64.48 A803339 E45/ 02330 MINING TENEMENT PORT HEDLAND 6721 296.00
A803347 M45/00681 MINING TENEMENT PORT HEDLAND 6721 89.48 G45/00273 GENERAL PURPOSE A803384 LEASE PORT HEDLAND 6721 63.69 A803391 E45/02603 MINING TENEMENT PORT HEDLAND 6721 313.42
A803478 FORREST LOC 116 PORT HEDLAND 6721 93.64 A803530 E47/01697 MINING TENEMENT PORT HEDLAND 6721 111.01
A803532 LOT 91 FORREST LOCATION PORT HEDLAND 6721 61.64
A803533 LOT 108 FORREST LOCATION PORT HEDLAND 6721 61.64 LOT 47 FORREST LOCATION A803534 (DEGREY) PORT HEDLAND 6721 61.64 A803538 P45/02514 MINING TENEMENT PORT HEDLAND 6721 1,428.65 A803539 P45/02519 MINING TENEMENT PORT HEDLAND 6721 1,428.65
A803559 E47/01583 MINING TENEMENT PORT HEDLAND 6721 81.17 A803579 30 COUNIHAN CRESCENT PORT HEDLAND 6721 1,094.75
A803581 21 PANJYA PARADE PORT HEDLAND 6721 61.26 A803589 10 PANJYA PARADE PORT HEDLAND 6721 2,682.33 A803594 1 ROGERS STREET PORT HEDLAND 6721 1,777.97 A803597 12 YIKARA DRIVE PORT HEDLAND 6721 3,255.06 A803621 33 PANJYA PARADE PORT HEDLAND 6721 1,843.62 A803623 8 ROGERS STREET PORT HEDLAND 6721 2,687.15
A803655 P47/01296 MINING TENEMENT PORT HEDLAND 6721 64.48
A803656 P47/01297 MINING TENEMENT PORT HEDLAND 6721 64.48
A803746 BINS 1-7 KEESING STREET PORT HEDLAND 6721 68.95 A803747 18 DOWDING WAY PORT HEDLAND 6721 143.01 A803749 12 PANJYA PARADE PORT HEDLAND 6721 161.10 A803754 6 YIKARA DRIVE PORT HEDLAND 6721 161.10 A803761 4 DOWDING WAY PORT HEDLAND 6721 1,994.24 A803764 20 DOWDING WAY PORT HEDLAND 6721 2,327.60 A803766 13 ROGERS STREET PORT HEDLAND 6721 150.68
P AGE 184 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A803769 18 ROGERS STREET PORT HEDLAND 6721 1,994.24 A803773 7 PANJYA PARADE PORT HEDLAND 6721 2,479.73 A803779 25 PANJYA PARADE PORT HEDLAND 6721 150.68 A803781 29 PANJYA PARADE PORT HEDLAND 6721 1,929.46 A803788 10 COOPER PLACE PORT HEDLAND 6721 2,327.60 A803789 5 YURNTU LINK PORT HEDLAND 6721 1,972.10 A803797 4 YIKARA DRIVE PORT HEDLAND 6721 2,142.80 A803799 69 STYLES ROAD PORT HEDLAND 6721 150.68 A804060 LOC 301 FORREST LOCATION PORT HEDLAND 6721 778.54 A804089 P45/02686 MINING TENEMENT PORT HEDLAND 6721 653.00 A804090 P45/02687 MINING TENEMENT PORT HEDLAND 6721 653.00 A804102 1/ 79 KINGSMILL STREET PORT HEDLAND 6721 1,851.84 A804113 LOT 185 FORREST LOCATION PORT HEDLAND 6721 10,808.20 A804158 LOT 360 ANDERSON STREET PORT HEDLAND 6721 761.66 A804187 LOT 679 DOWDING WAY PORT HEDLAND 6721 706.04 A804203 LOT 715 DOWDING WAY PORT HEDLAND 6721 646.69 A804207 LOT 719 DOWDING WAY PORT HEDLAND 6721 646.69 A804208 LOT 720 DOWDING WAY PORT HEDLAND 6721 706.04 A804211 LOT 723 DOWDING WAY PORT HEDLAND 6721 696.00
A804212 LOT 693 DOWDING WAY PORT HEDLAND 6721 57.00 A804214 LOT 695 DOWDING WAY PORT HEDLAND 6721 706.04 A804218 LOT 705 DOWDING WAY PORT HEDLAND 6721 706.04 A804220 5 JAKARLI CLOSE PORT HEDLAND 6721 706.04 A804221 11 JAKARLI CLOSE PORT HEDLAND 6721 706.04 A804225 17 JIPURR STREET PORT HEDLAND 6721 706.04 A804226 15 JIPURR STREET PORT HEDLAND 6721 706.04 A804228 11 JIPURR STREET PORT HEDLAND 6721 706.04 A804234 8 JIPURR STREET PORT HEDLAND 6721 706.04 A804235 6 JIPURR STREET PORT HEDLAND 6721 706.04 A804236 4 JIPURR STREET PORT HEDLAND 6721 706.04 A804237 81 STYLES ROAD PORT HEDLAND 6721 706.04 A804238 83 STYLES ROAD PORT HEDLAND 6721 706.04 A804239 85 STYLES ROAD PORT HEDLAND 6721 706.04 A804240 87 STYLES ROAD PORT HEDLAND 6721 706.04 A804241 89 STYLES ROAD PORT HEDLAND 6721 706.04 A804243 76 STYLES ROAD PORT HEDLAND 6721 706.04 A804246 82 STYLES ROAD PORT HEDLAND 6721 706.04 A804248 86 STYLES ROAD PORT HEDLAND 6721 706.04 A804249 88 STYLES ROAD PORT HEDLAND 6721 706.04 A804251 92 STYLES ROAD PORT HEDLAND 6721 704.66 A804303 LOT 676 DOWDING WAY PORT HEDLAND 6721 502.72 A804426 78 KINGSMILL STREET PORT HEDLAND 6721 2,506.76 A804427 51 MORGANS STREET PORT HEDLAND 6721 1,581.88 A804437 M45/01186 MINING TENEMENT PORT HEDLAND 6721 2,690.14 A102540 13-27 DEMPSTER STREET PORT HEDLAND 6721 16,504.26 A118900 A&B 75 KINGSMILL STREET PORT HEDLAND 6721 3,468.19
P AGE 185 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A406310 A&B 35 ROBINSON STREET PORT HEDLAND 6721 6,395.23 A800033 4 MANILINHA DRIVE PORT HEDLAND 6721 2,987.90 A100070 20/24 TRAINE CRESCENT SOUTH HEDLAND 6722 1,376.58 A100150 41 BRODIE CRESCENT SOUTH HEDLAND 6722 1,751.08 A100310 71 LIMPET CRESCENT SOUTH HEDLAND 6722 1,519.30 A100360 15 BALER CLOSE SOUTH HEDLAND 6722 2,759.24 A100600 146 PATON ROAD SOUTH HEDLAND 6722 1,941.22 A100630 124 PATON ROAD SOUTH HEDLAND 6722 1,916.65 A100690 29 KENNEDY STREET SOUTH HEDLAND 6722 1,873.44 A102870 8 GRAHAM PLACE SOUTH HEDLAND 6722 1,787.04 A103180 9 PETER WAY SOUTH HEDLAND 6722 1,572.53
A103230 10 JANICE WAY SOUTH HEDLAND 6722 65.78 A103320 18 JUDITH WAY SOUTH HEDLAND 6722 1,677.85 A103770 7A MAUGER PLACE SOUTH HEDLAND 6722 130.00 A104030 57 LIMPET CRESCENT SOUTH HEDLAND 6722 2,084.12 A104710 4 MUREX WAY SOUTH HEDLAND 6722 1,583.94 A105080 19 ACACIA WAY SOUTH HEDLAND 6722 1,916.65 A106260 51 ACACIA WAY SOUTH HEDLAND 6722 2,119.31 A106770 32 SOMERSET CRESCENT SOUTH HEDLAND 6722 1,234.20 A106963 16 GODRICK PLACE SOUTH HEDLAND 6722 149.59
A107220 6 DAYLESFORD CLOSE SOUTH HEDLAND 6722 64.04 A109640 149 KENNEDY STREET SOUTH HEDLAND 6722 153.97 A109810 25 PEDLAR STREET SOUTH HEDLAND 6722 1,977.87 A109850 11 PEDLAR STREET SOUTH HEDLAND 6722 1,805.21 A110230 15 CORBOYS PLACE SOUTH HEDLAND 6722 2,999.63 A110360 25 SOMERSET CRESCENT SOUTH HEDLAND 6722 1,657.42 A110380 14 GREENE PLACE SOUTH HEDLAND 6722 1,648.78 A110580 48 GREENE PLACE SOUTH HEDLAND 6722 1,686.48
A110632 10B REYNOLDS PLACE SOUTH HEDLAND 6722 69.05 A110720 62 GREENE PLACE SOUTH HEDLAND 6722 3,497.16 A111230 53 BRODIE CRESCENT SOUTH HEDLAND 6722 1,635.81 A111280 37 BRODIE CRESCENT SOUTH HEDLAND 6722 1,578.81 A111395 8 COCKATOO COURT SOUTH HEDLAND 6722 2,166.95 A111740 95 BOTTLEBRUSH CRESCENT SOUTH HEDLAND 6722 430.21 A112260 9 MITCHIE CRESCENT SOUTH HEDLAND 6722 2,159.37
A112530 30 KOOLAMA CRESCENT SOUTH HEDLAND 6722 66.68 A112600 9 KOOLAMA CRESCENT SOUTH HEDLAND 6722 3,863.01 A113055 7 EUCALYPT WAY SOUTH HEDLAND 6722 1,041.24 A113090 33 KOOMBANA AVENUE SOUTH HEDLAND 6722 130.00 A113470 6 RUTHERFORD ROAD SOUTH HEDLAND 6722 2,373.97 A113662 2/ 4 HAINES ROAD SOUTH HEDLAND 6722 1,734.26 A113690 46 TRUMPET WAY SOUTH HEDLAND 6722 1,916.65 A113730 1 LAWSON STREET SOUTH HEDLAND 6722 118.72 A113808 1 DAYLESFORD CLOSE SOUTH HEDLAND 6722 2,046.27
P AGE 186 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A113911 19 BEROONA LOOP SOUTH HEDLAND 6722 1,981.46
A113919 1/ 16 BEROONA LOOP SOUTH HEDLAND 6722 62.86 A114220 27 YARRUNGA CRESCENT SOUTH HEDLAND 6722 149.59 A116244 1 DOVE CLOSE SOUTH HEDLAND 6722 2,273.70 A116245 7 ORIOLE WAY SOUTH HEDLAND 6722 2,508.16 A116248 13 ORIOLE WAY SOUTH HEDLAND 6722 1,994.83 A116360 35 ETREMA LOOP SOUTH HEDLAND 6722 3,898.58 A116516 7 MYSTERY COURT SOUTH HEDLAND 6722 2,058.94
A116541 6 SPATULA COURT SOUTH HEDLAND 6722 67.85
A116780 5 REYNOLDS PLACE SOUTH HEDLAND 6722 66.13 A117000 22 KOOLAMA CRESCENT SOUTH HEDLAND 6722 2,225.64 A117390 52 SOMERSET CRESCENT SOUTH HEDLAND 6722 2,036.36
A118500 24 WEAVER PLACE SOUTH HEDLAND 6722 61.87 A118532 1/ 7 TONKIN STREET SOUTH HEDLAND 6722 580.83 A118760 18 WELSH STREET SOUTH HEDLAND 6722 1,787.04 A118820 2 DULVERTON TERRACE SOUTH HEDLAND 6722 2,063.50 A119020 27 KOOLAMA CRESCENT SOUTH HEDLAND 6722 2,162.51 A119130 12 HOLLINGS PLACE SOUTH HEDLAND 6722 200.00 A119400 9 NYANDA PLACE SOUTH HEDLAND 6722 1,904.15 A120440 18A&B ROBERTS STREET SOUTH HEDLAND 6722 2,393.73 A120580 14 NYANDA PLACE SOUTH HEDLAND 6722 2,555.80 A120810 27 TRAINE CRESCENT SOUTH HEDLAND 6722 2,378.55 A122090 125 KENNEDY STREET SOUTH HEDLAND 6722 1,917.75 A122310 11 MAUGER PLACE SOUTH HEDLAND 6722 1,518.87 A122420 14 ETREMA LOOP SOUTH HEDLAND 6722 130.00 A124493 1/ 3 HUNT STREET SOUTH HEDLAND 6722 2,146.53 A124494 2/3 HUNT STREET SOUTH HEDLAND 6722 2,146.53 A124520 16-20 THROSSELL ROAD SOUTH HEDLAND 6722 27,172.15 A126420 24 GREENE PLACE SOUTH HEDLAND 6722 1,657.42 A126490 1 LOVELL PLACE SOUTH HEDLAND 6722 1,744.35 A126580 6 FRISBY COURT SOUTH HEDLAND 6722 1,920.48 A127280 19 LOGUE COURT SOUTH HEDLAND 6722 1,860.08 A127990 77-95 HAMILTON ROAD SOUTH HEDLAND 6722 550.09 A128420 16 BOTTLEBRUSH CRESCENT SOUTH HEDLAND 6722 1,985.85 A130093 LOT 5291 BROWN PLACE SOUTH HEDLAND 6722 758.66 A130516 UNIT 7/ 2 LIMPET CRESCENT SOUTH HEDLAND 6722 1,322.57 A130665 4B CATAMORE COURT SOUTH HEDLAND 6722 1,495.58 A152300 12 THROSSELL ROAD SOUTH HEDLAND 6722 862.67 A152501 1 OSPREY DRIVE SOUTH HEDLAND 6722 1,916.65 A152536 6 9 MASTERS WAY SOUTH HEDLAND 6722 1,850.32 A152903 3 WANTIJIRRI COURT SOUTH HEDLAND 6722 2,132.67
A152917 6 WANTIJIRRI COURT SOUTH HEDLAND 6722 68.23
A152928 5 JIRRIPUKA COURT SOUTH HEDLAND 6722 64.46
P AGE 187 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A152935 2 JIRRIPUKA COURT SOUTH HEDLAND 6722 57.00 A153310 15 SPOONBILL CRESCENT SOUTH HEDLAND 6722 1,981.46
A153640 9 CURLEW CRESCENT SOUTH HEDLAND 6722 68.65 A154413 9-11 GREENFIELD STREET SOUTH HEDLAND 6722 2,773.08 A154414 13-15 GREENFIELD STREET SOUTH HEDLAND 6722 1,905.82 A154423 43-45 GREENFIELD STREET SOUTH HEDLAND 6722 1,037.98 A154443 167 GREENFIELD STREET SOUTH HEDLAND 6722 2,067.17 A154465 8 COUNCILLOR ROAD SOUTH HEDLAND 6722 1,905.73 A154467 110 GREENFIELD STREET SOUTH HEDLAND 6722 149.59
A154475 134-36 GREENFIELD STREET SOUTH HEDLAND 6722 67.97
A154476 138-40 GREENFIELD STREET SOUTH HEDLAND 6722 62.35 A154633 99B PATON ROAD SOUTH HEDLAND 6722 995.92 UNIT B /18 BOOGALLA A154664 CRESCENT SOUTH HEDLAND 6722 988.39
A154910 26 TRUMPET WAY SOUTH HEDLAND 6722 59.63 FLAT 205 WELSH A200170 STREET(HIGHRISE) SOUTH HEDLAND 6722 59.55 FLAT 404 WELSH A200400 STREET(HIGHRISE) SOUTH HEDLAND 6722 1,557.64 A400150 8 BEROONA LOOP SOUTH HEDLAND 6722 3,171.43 A400500 42 PEDLAR STREET SOUTH HEDLAND 6722 1,700.62 A400520 14 ROBERTS STREET SOUTH HEDLAND 6722 6,195.97
A400630 25 CORBOYS PLACE SOUTH HEDLAND 6722 59.38 A400750 3 REYNOLDS PLACE SOUTH HEDLAND 6722 1,700.62
A400770 1 BRODIE CRESCENT SOUTH HEDLAND 6722 62.58 A400800 1 PATON ROAD SOUTH HEDLAND 6722 1,777.10 A400870 34 MAUGER PLACE SOUTH HEDLAND 6722 2,701.41 A400880 24 MAUGER PLACE SOUTH HEDLAND 6722 1,722.23 A400950 5 CATAMORE COURT SOUTH HEDLAND 6722 1,521.37 A400960 3 CATAMORE COURT SOUTH HEDLAND 6722 649.83 A401100 18 PATON ROAD SOUTH HEDLAND 6722 1,582.90 A401200 1 LIMPET CRESCENT SOUTH HEDLAND 6722 2,079.00 A401300 11 HOLLINGS PLACE SOUTH HEDLAND 6722 2,015.57 A401440 23 ETREMA LOOP SOUTH HEDLAND 6722 1,662.09 A401510 5 MASTERS WAY SOUTH HEDLAND 6722 2,175.88 A401690 33 DEMARCHI ROAD SOUTH HEDLAND 6722 2,270.52 A401790 L303 COLEBATCH WAY SOUTH HEDLAND 6722 6,787.07 A402100 15 SOMERSET CRESCENT SOUTH HEDLAND 6722 1,679.02 A402170 1 CHUNKING CRESCENT SOUTH HEDLAND 6722 1,921.64 A402590 10 MARRA COURT SOUTH HEDLAND 6722 130.00 A402672 34 DAYLESFORD CLOSE SOUTH HEDLAND 6722 142.09
A402720 1 KOOJARRA CRESCENT SOUTH HEDLAND 6722 57.44 A402760 19 ETREMA LOOP SOUTH HEDLAND 6722 1,986.91 P AGE 188 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A402820 101 PATON ROAD SOUTH HEDLAND 6722 3,233.71
A403470 55 STANLEY STREET SOUTH HEDLAND 6722 60.54 A404610 31 PEDLAR STREET SOUTH HEDLAND 6722 1,722.23 A404750 5 SMITH STREET SOUTH HEDLAND 6722 1,671.40 A404880 6 PATON ROAD SOUTH HEDLAND 6722 2,058.68
A404940 138 PATON ROAD SOUTH HEDLAND 6722 67.16 A405010 9 ORCHID CLOSE SOUTH HEDLAND 6722 108.54 A405570 28 LAWSON STREET SOUTH HEDLAND 6722 1,648.48 A405580 22 LAWSON STREET SOUTH HEDLAND 6722 1,387.37 A405590 8 SMITH STREET SOUTH HEDLAND 6722 1,621.41 A405600 11 CORBOYS PLACE SOUTH HEDLAND 6722 1,657.42 A405690 53 STANLEY STREET SOUTH HEDLAND 6722 1,423.16
A405770 56 BRODIE CRESCENT SOUTH HEDLAND 6722 60.21 A405790 3 CLAM COURT SOUTH HEDLAND 6722 1,842.90 A406440 7 DRAPER PLACE SOUTH HEDLAND 6722 1,686.87
A410023 25 PATON ROAD SOUTH HEDLAND 6722 63.88 A410037 7 ARABELLA STREET SOUTH HEDLAND 6722 1,955.46 A800872 3 ASHBURTON COURT SOUTH HEDLAND 6722 1,959.85 A800876 7 ASHBURTON COURT SOUTH HEDLAND 6722 1,719.19
A802109 UNIT 9/ 2 SCADDEN ROAD SOUTH HEDLAND 6722 65.96 A802116 UNIT 16/ 2 SCADDEN ROAD SOUTH HEDLAND 6722 1,644.05 A802123 UNIT 23/ 2 SCADDEN ROAD SOUTH HEDLAND 6722 1,644.05
A803215 4B ASHBURTON COURT SOUTH HEDLAND 6722 61.97 A803429 UNIT B/ 1 ASHBURTON COURT SOUTH HEDLAND 6722 1,974.93 A803439 L305 COLEBATCH WAY SOUTH HEDLAND 6722 25,425.07 A803667 3 PEPPERFLOWER WAY SOUTH HEDLAND 6722 1,015.39 A803671 7 PEPPERFLOWER WAY SOUTH HEDLAND 6722 1,015.39 A803685 12 SNAPPY GUM WAY SOUTH HEDLAND 6722 1,158.29 A803689 19 SNAPPY GUM WAY SOUTH HEDLAND 6722 761.66
A803711 4 TRAINE CRESCENT SOUTH HEDLAND 6722 61.72 A803732 9 EUCALYPT WAY SOUTH HEDLAND 6722 1,430.72 A803733 10 EUCALYPT WAY SOUTH HEDLAND 6722 761.64 A803734 11 EUCALYPT WAY SOUTH HEDLAND 6722 1,430.72 A803736 13 EUCALYPT WAY SOUTH HEDLAND 6722 1,121.58 A803739 17 EUCALYPT WAY SOUTH HEDLAND 6722 127.02 A803741 21 EUCALYPT WAY SOUTH HEDLAND 6722 1,176.07
A803822 18C MITCHIE CRESCENT SOUTH HEDLAND 6722 68.30 A803824 UNIT 27A MITCHIE CRESCENT SOUTH HEDLAND 6722 1,456.03 A803848 2 STILT LINK SOUTH HEDLAND 6722 158.42 A803871 5 MUCCAN CLOSE SOUTH HEDLAND 6722 1,015.39 A803872 7 MUCCAN CLOSE SOUTH HEDLAND 6722 778.00 A803886 4 KIMBERLEY AVENUE SOUTH HEDLAND 6722 943.69 P AGE 189 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A803922 37 MINDEROO AVENUE SOUTH HEDLAND 6722 1,119.27 A803937 11 PILBARA WAY SOUTH HEDLAND 6722 153.97 A803945 8 PILBARA WAY SOUTH HEDLAND 6722 944.60
A803954 6 SULTAN LINK SOUTH HEDLAND 6722 61.93 A803971 14 MINDEROO AVENUE SOUTH HEDLAND 6722 958.42 A803977 25 MINDEROO AVENUE SOUTH HEDLAND 6722 1,366.76 A803995 16 MINILYA LINK SOUTH HEDLAND 6722 962.69 A804001 2 AUSTRALIND AVENUE SOUTH HEDLAND 6722 1,064.44 A804051 13 PHALAROPE WAY SOUTH HEDLAND 6722 761.66
A804056 23 PHALAROPE WAY SOUTH HEDLAND 6722 59.56 A804059 16 CENTENNIAL LOOP SOUTH HEDLAND 6722 1,428.28 LOT 502 NORTH CIRCULAR A804111 ROAD SOUTH HEDLAND 6722 4,692.50 A804318 32 NIX AVENUE SOUTH HEDLAND 6722 468.73 A804322 40 NIX AVENUE SOUTH HEDLAND 6722 468.73 A804350 12 FAIRLEAD BEND SOUTH HEDLAND 6722 468.73 A804352 16 FAIRLEAD BEND SOUTH HEDLAND 6722 468.73 A804383 10 BANKSIA STREET SOUTH HEDLAND 6722 468.73 A804399 7 MOORING LOOP SOUTH HEDLAND 6722 468.73 A804411 33 FAIRLEAD BEND SOUTH HEDLAND 6722 468.73 A804429 11 STANLEY STREET SOUTH HEDLAND 6722 1,354.95 A804430 13 STANLEY STREET SOUTH HEDLAND 6722 491.70 A100410 4 CONE PLACE SOUTH HEDLAND 6722 1,807.99 A102700 16 WELSH STREET SOUTH HEDLAND 6722 1,787.04 A103150 3 PETER WAY SOUTH HEDLAND 6722 1,253.51 A103980 14 TRUMPET WAY SOUTH HEDLAND 6722 1,968.28 A107320 1 BOOGALLA CRESCENT SOUTH HEDLAND 6722 981.26 A110220 13 CORBOYS PLACE SOUTH HEDLAND 6722 2,202.80 A110900 36 MAUGER PLACE SOUTH HEDLAND 6722 1,657.42 A111660 9 ACACIA WAY SOUTH HEDLAND 6722 1,523.67 A111770 5 ORCHID CLOSE SOUTH HEDLAND 6722 1,725.45 A112070 20 LOVELL PLACE SOUTH HEDLAND 6722 876.53 A112730 20 DORRIGO LOOP SOUTH HEDLAND 6722 1,989.86 A113260 2 SKIPPERS LOOP SOUTH HEDLAND 6722 1,729.84 A113510 3 HAINES ROAD SOUTH HEDLAND 6722 1,938.25 A116544 4 GREGORY STREET SOUTH HEDLAND 6722 1,863.44 A118950 22 GREENE PLACE SOUTH HEDLAND 6722 1,195.36 A120090 27 LAWSON STREET SOUTH HEDLAND 6722 1,025.10 A120570 12 REYNOLDS PLACE SOUTH HEDLAND 6722 1,829.86 A121450 44 GREENE PLACE SOUTH HEDLAND 6722 4,425.00 A154431 67 GREENFIELD STREET SOUTH HEDLAND 6722 1,957.82 A401330 9 KWINANA STREET SOUTH HEDLAND 6722 1,516.97 A401530 15 ETREMA LOOP SOUTH HEDLAND 6722 1,074.01 A402730 6 DONGARA PLACE SOUTH HEDLAND 6722 1,556.36 A403360 137 KENNEDY STREET SOUTH HEDLAND 6722 1,407.26 A403460 7 PATON ROAD SOUTH HEDLAND 6722 776.07
P AGE 190 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A404790 26 CORBOYS PLACE SOUTH HEDLAND 6722 1,505.49 A404960 27 KENNEDY STREET SOUTH HEDLAND 6722 835.00 A405830 120 PATON ROAD SOUTH HEDLAND 6722 1,546.83 A802113 2 SCADDEN ROAD SOUTH HEDLAND 6722 1,644.05 A802124 24/2 SCADDEN ROAD SOUTH HEDLAND 6722 1,644.05 A803570 4/2 CATAMORE COURT SOUTH HEDLAND 6722 938.24 A117320 14 LEEHEY STREET WEDGEFIELD 6724 580.82
A117650 7 MOORAMBINE STREET WEDGEFIELD 6724 70.77 A118600 6 YANANA STREET WEDGEFIELD 6724 2,035.63 A118650 18 YANANA STREET WEDGEFIELD 6724 21,116.41 A118690 23 HARWELL WAY WEDGEFIELD 6724 1,296.63
A118710 11 HARWELL WAY WEDGEFIELD 6724 59.48 A119290 8 RIDLEY STREET WEDGEFIELD 6724 3,382.55
A120171 10 SANDHILL STREET WEDGEFIELD 6724 74.99
A120750 18 MUNDA WAY WEDGEFIELD 6724 61.02 A121120 1 LEEHEY STREET WEDGEFIELD 6724 4,575.40 A121130 9 SANDHILL STREET WEDGEFIELD 6724 2,917.64 A121320 8 CAJARINA ROAD WEDGEFIELD 6724 6,696.10 A121540 30-32 PINNACLES STREET WEDGEFIELD 6724 7,628.18 A121670 3 TRIG STREET WEDGEFIELD 6724 2,027.24
A122240 1 MUNDA WAY WEDGEFIELD 6724 52.37 A122590 5 YANANA STREET WEDGEFIELD 6724 1,982.44 A122670 14-16 MUNDA WAY WEDGEFIELD 6724 1,809.15 A123690 26 MOORAMBINE STREET WEDGEFIELD 6724 3,460.93 A124590 4 RIDLEY STREET WEDGEFIELD 6724 7,171.84 A125340 9 CARLINDIE WAY WEDGEFIELD 6724 2,953.43
A126340 15 HARWELL WAY WEDGEFIELD 6724 63.49
A127130 17 RIDLEY STREET WEDGEFIELD 6724 65.59 A127380 3 YANANA STREET WEDGEFIELD 6724 3,262.28
A127610 11-13 PEAWAH STREET WEDGEFIELD 6724 69.40 A127690 3 CARLINDIE WAY WEDGEFIELD 6724 2,744.05 A128480 1 CARLINDIE WAY WEDGEFIELD 6724 2,214.42 A128580 6 MILLER STREET WEDGEFIELD 6724 2,775.02 A128600 28 MOORAMBINE STREET WEDGEFIELD 6724 1,868.76 A130240 11 TRIG STREET WEDGEFIELD 6724 1,297.50
A130302 36 HARWELL WAY WEDGEFIELD 6724 66.55
A155020 6 RIDLEY STREET WEDGEFIELD 6724 66.35 A402510 3 SCHILLAMAN STREET WEDGEFIELD 6724 159.45
A803184 B/ 12 MUNDA WAY WEDGEFIELD 6724 72.50 A803609 12 MANGANESE STREET WEDGEFIELD 6724 1,720.79 P AGE 191 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
A803616 18 MANGANESE STREET WEDGEFIELD 6724 80.00 A803638 1 MANGANESE STREET WEDGEFIELD 6724 761.66 A803705 26 MANGANESE STREET WEDGEFIELD 6724 3,942.88 852,475.98
P AGE 192 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.5 Request to Write Off Legal Fees at 35A & B Robinson Street PORT HEDLAND (File No: A406310)
Officer Brie Holland Senior Rates Officer
Date of Report 13 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider writing off legal fees totaling $1,402.25 on the following property; 35 A & B Robinson Street, Port Hedland.
Background
2008/2009 rates notices were issued on the 27 July 2008 to Mr Hook. By the 4 December 2008 the rates remained unpaid. The Senior Rates Officer followed the debt collection policy and referred the account to the Town’s debt collector Dun and Bradstreet in an effort to recoup the outstanding monies. On the 26 August 2009, approximately one year later after the initial 2008/2009 rates were issued the rates section received correspondence from Hedland First National that they were paying rates on behalf of the ratepayer. Legal action stopped on the same day, however by that stage the account had $1,402.25 related legal fees associated in efforts to try and recoup the outstanding rates.
On the 3 September 2009 Council received a letter from Mr Hook stating that it is not the fault of his that he did not receive his rates notices. He stated on his letter (attachment one) that, ‘There should have been a flow on communication between the Council and the property managers’ as Hedland First National were paying the rates on his other property at 8 Mauger Place it should have been up to the Council to make the connection that Hedland First National were paying rates at 8 Mauger place and therefore should be paying rates at 35A &B Robinson street.
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or
P AGE 193 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications
Council’s Policy 2/004 Rating, states (in part):
“…Rates remaining unpaid shall be recovered by Council’s debt collection agency by issuing of ‘Notice of Intent to Issue a Court Summons’.
The debt collection agency will proceed on behalf of Council to recover the outstanding rate or service charges as well as the recovery costs, by way of a Claim issued in a court of competent jurisdiction if the Notice of Intent to issue a Court Summons remains outstanding. “
Strategic Planning Implications Nil
Budget Implications
If Council approves Mr Hook’s request to write of the legal fees, Council’s income will be directly reduced by $1,402.25 as Council will liable for the legal fees.
Officer’s Comment
Before a ratepayer’s outstanding rates account is sent to the Dun and Bradstreet, rates officers follow Council’s policy in relation to debt collection. Please see the below rates collection process summarised below;
• Rates issued - 27 July 2008 • Final notice issued - 5 Sept 2008 • List of outstanding debtors sent to Council - 7 Nov 2008 • Legal letter of intent by Council sent - 10 Nov 2008 • Owner checked on Certificate of title - Late Nov 2008 • Postal address checked with Water Corp - Late Nov 2008 • If possible call owner; offer alternative arrangement - Late Nov 2008 • Notice of Intention to Claim (14 days to pay) - 4 Dec 2008
As shown above many checks are made by the rates officers to ensure all avenues of contacting the ratepayer are tried, within reason before referral to the Debt Collector as the final option.
P AGE 194 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
In reference to Mr Hook’s comment, ‘There should have been a flow on communication between the Council and the property managers’, it is not the responsibility of Council to trace the correct postal address of a ratepayer, it is actually the responsibility of the ratepayer or their nominated real estate agent to contact Council. Stated clearly of the back of all notices is, ’Please advise Council in writing of any change of address to which notices are to be sent’. Council does not make it a policy to check with all real estate agents if they manage properties that have outstanding rates. This is simply not a viable option.
Council received notification that Hedland First National were the managing agents on the 26 August 2009, nearly one year after the 2008/2009 rates remained unpaid on Mr Hook’s account. Mr Hook mentioned in his letter that there should have been a connection made between the fact that Hedland First National paid rates on his other property of 8 Mauger Place, South Hedland and that the rates officer should have checked with the real estate in if they were to pay rates at 35A & B Robinson Street, Port Hedland. The rates section can only update postal address when advice is given by the ratepayer or the managing agent. In many instances owners of multiple properties do not necessarily want the same postal address for all properties. They may have a real estate agent taking care of rates on one and a different postal address for another property.
Even though the Officer is empathic to Mr Hook’s situation, each ratepayer should be aware that they or their appointed managing agent should contact the Town when they wish to change a postal address. As the rates section could not find any evidence that Mr Hook nor Hedland First National had previously requested to change the postal address, the Officer does not believe that it is fair the Council be liable for the legal fees. The debt collection procedure was followed by the rates section via Council policy to avoid referral to a debt collection agency in the first instance. As a side note if Council does award to write off the legal fees associated with Mr Hook’s account, the legal action taken against Mr Hook would too have to be reversed which also would cost Council additionally.
Attachment
Letter dated 3 September 2009, from Mr Hook.
200910/163 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S J Coates
That Council does not approve Mr Hooks request to write of legal fees totaling $1,402.25 on his property at 35 A & B Robinson Street, Port Hedland.
CARRIED 8/0 P AGE 195 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.1.5
P AGE 196 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.6 Requests to Waiver Rates for Assessment A804113; Address Lot 185 Great Northern Highway Port Hedland (File No.: …)
Officer Brie Holland Senior Rates Officer
Date of Report 13 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider the request to reduce the rates payable on assessment A804113, Lot 185 Great Northern Highway, by Mrs. Dhu.
Background
Mrs. Dhu wrote to the Council, on the 5 November 2009 requesting that the rates against the property of Lot 185 Great Northern Highway be revaluated in relation to how the property has been zoned (see letter attached). The land is owned the Crown and leased Mrs. Dhu. To date, Mrs. Dhu has not objected to the the valuation set by the Valuer General.
As at time of writing the report Mrs. Dhu’s rates debt equated to the following:
Rates $ 8,878.05 Rates in arrears $ 1,301.88 Alternative Arrangement fee Arrears $ 50.00 Late penalty fee $ 57.00 Interest $ 521.27 $ 10,808.20
Council should note that no actual dollar amount has been requested, and there it is up to Council discretion to determine how much a rate reduction, if any, should be approved.
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money;
P AGE 197 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications
Council’s Policy 2/004 Rating, states (in part):
“Concessions
All rate concessions will be considered by Council during the budget process. Rate concessions will not be proposed to Council outside of the budget process, unless due to extraordinary circumstances and authorized by the Chief Executive Officer.”
Strategic Planning Implications Nil
Budget Implications
If Council chooses to award writing off Mrs. Dhu’s outstanding rates as proposed, rates for 2009/2010 will have to been written off, which will directly affect the Council’s revenue, reducing it by from $1 - $10,808.20.
Rates written off will also impact on the provision for doubtful debts.
Officer’s Comment
Council can appreciate Mrs. Dhu situation, however the parcel of land in question is especially large, consisting of 4.2 hectares. The parcel of land is outside of the Town boundaries and rated a rural parcel of land which attracts an Unimproved Value (UV) Other rating category. The UV other rating category has higher rate in the dollar compared to a Gross Rental Value. The crown leased is based on the premise that the land is used for horticultural purposes, stated by the Department of Regional Development and Lands.
Council can decided to change where Mrs. Dhu’s leased land lies and zone the parcel apart of the town boundary, once this happens the VGO then change their valuation methodology. The issue then arises of the costly expense to gazette the change. If Mrs. Dhu’s property zoning changes, so too does the surrounding properties. Council will also have to decide on where they will change the boundaries exactly where to. It should be noted again that Mrs. Dhu leases the property; she does not own the parcel of land.
P AGE 198 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Council does not decide the valuation of a property within its Town’s boundaries, the only government official that has the authority is the Valuer General’s office. As stated previously Mrs. Dhu has not contacted the VGO regarding an objection to her leased land’s valuation. Therefore Council has effectively five choices, being:
1. Decline Mrs. Dhu request to reduce rates 2. Partially reduced/write off the current rates and services debt ($1- $10,808.20) 3. Write off the total rates and services debt of $10,808.20 4. Re-gazette the Town’s GRV and UV boundaries 5. Offer Mrs. Dhu an alternative arrangement
Reducing Mrs. Dhu’s rates would directly decrease Council’s revenue. It would set a potential undesirable precedence, which other ratepayers could use to justify future claims to reduce rates by the Council. Should significant claims be received based on situations similar to Mrs. Dhu, Council would need to seriously consider reducing services to all ratepayers and residents to maintain a balanced budget.
To assist Mrs. Dhu Council officers are prepared to negotiate a payment program that will settle the outstanding and current rates. This may provide time for Mrs. Dhu to organise her finances.
Attachment
Letter, from Mrs. Dhu, dated 5 November 2009
Officer’s Recommendation
That Council:
i) Decline Mrs. Dhu to reduce the outstanding rates on assessment A803135; and
ii) Encourage Mrs. Dhu, to discuss her situation with Council Officers in order to determine a payment program to pay the outstanding debt by 30 June 2010.
P AGE 199 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/164 Council Decision
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council:
i) Approves a one-off incident of reducing Mrs Dhu’s outstanding rates on Assessment A803135 by 50%, conditional to the remaining 50% balance payable by Mrs Dhu is paid in full by 30 June 2010; and
ii) encourage Mrs. Dhu, to discuss her situation with Council Officers in order to determine a payment program to pay the outstanding debt by 30 June 2010.
CARRIED BY ABSOLUTE MAJORITY 8/0
REASON: Council resolved to approve a one-off 50% reduction of outstanding rates payable by Mrs Dhu on Assessment A803135, as Council believed that the property concerned has been overrated by the Valuer General, of which Council does not have control over.
P AGE 200 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.1.6
P AGE 201 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.7 Requests to Waiver Penalty Late Fee of $57.00 and Penalty Interest of $2.56 for Assessment A803944; Address 10 Pilbara Way, South Hedland
Officer Brie Holland Senior Rates Officer
Date of Report 11 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider the request to waiver the late penalty fee of $57.00 and penalty interest of $2.56 (total $59.56) on assessment A803944, 10 Pilbara Way South Hedland
Background
Mr Leigh Sheldrick wrote to the Council on the 9 October 2009 requesting a withdrawal of the late penalty fee of $57.00 and penalty interest of $2.56 against his property’s account at 10 Pilbara Way South Hedland. In his letter he indicated that he incorrectly paid $6.96 instead of $696.00 (missed entering additional .00 on his BPoint payment account (please see attached letter).
As a consequence Council charged him a penalty late fee of $57.00 and penalty interest of $2.56.
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications Nil
Strategic Planning Implications Nil
P AGE 202 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Budget Implications
The late payment penalty fee of $57.00 was approved by Council for the 2009/10 budget. To approve wavering the $57.00 penalty fee and $2.56 late penalty interest will directly reduce the rates income thus Council’s revenue.
Officer’s Comment
Council can appreciate the fact that Mr Sheldrick accidently entered the incorrect payment amount for his rates during his BPoint transaction. It should be noted however that before a BPoint transaction is finalised, the user is promoted to check the amount they are agreeing to, which is a screen that Mr Sheldrick would have been exposed to but did not pick up on his mistake.
This is the first year that Council has agreed to apply a Late Payment Penalty fee on those ratepayers’ accounts who fail to pay their rates in full or pay their first instalment by the due date of 11 September 2009. The intent of the fee was to encourage ratepayers to pay the correct amount of rates, by the correct time. If Council approves to waiver the late penalty fee this may be seen as unjust for those ratepayers who did pay the correct amount of rates charged on time.
Attachment
Letter, from Mr Sheldrick dated the 9 October 2009
200910/165 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council declines Mr Sheld ric k’s request to write off Penalty Late Fee of $57 and Penalty Interest of $2.56 for Assessment A803944, for property located at 10 Pilbara Way, South Hedland.
CARRIED 8/0
P AGE 203 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.1.7
P AGE 204 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.8 Requests to Waiver Bin Charge for Previous Financial Period of 2008/2009 on 17 Haines Street , South Hedland (Assessment No. A113580)
Officer Brie Holland Senior Rates Officer
Date of Report 11 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider the request to refund the 2008/2009 bin charge paid on 17 Haines Street South Hedland.
Background
On the 11 June 2007 the dwelling at 17 Haines Street South Hedland was demolished. The bin charge however was not removed against the property as the previous owners failed to return the bin to Town of Port Hedland. On the 18 October 2009 Mr Robinson become the owner of the vacant land and subsequently in the following financial period of 2008/2009 paid $177.00 for a bin charge with having a bin nor bin collection at his property.
On the 18 August 2009 Council received a letter requesting a refund for a bin service fee of $177.00 for the financial period of 2008/2009 (see attached letter).
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications Nil
Strategic Planning Implications Nil
P AGE 205 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Budget Implications
If Council chooses to award Mr. Robinson a refund, this will directly affect the Council’s revenue, reducing it by $177.00 and impacting on the Provision for Doubtful Debts.
Officer’s Comment
Before the house was demolished in June 2007, the bin should have been returned to the Town and the fee removed. As this was not the case it should not be Mr. Robinson responsibility to pay for a bin service fee that should have been removed against the account before he purchased the block. Refunding Mr. Robinson’s bin service charge would not have an individual material effect on the Council Budget.
Attachment
Letter dated, 24 August 2009
200910/166 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr sc
That Council approves the request for a refund of $177.00 on the property of 17 Haines Street, South Hedland owned by Mr. Robinson, being for bin charges for the previous financial period.
CARRIED BY ABSOLUTE MAJORITY 8/0
P AGE 206 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.1.8
P AGE 207 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.9 Aboriginal Lands Trust - Bin Write - Off Reques t (File No: A401870)
Officer Brie Holland Senior Rates Officer
Date of Report 10 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider writing off all outstanding monies relating to unpaid bin charges on the following property, owned by the Crown, vested with the Aboriginal Lands Trust and leased to the Tjalka Wara Community; Lot 18 North West Coastal Highway, Port Hedland.
Background
Early July 2009 Council received a letter from the Aboriginal Lands Trust on behalf the Tjalka Wara Community (see attachment one). The letter requested Council’s consideration to write off all outstanding monies relating to unpaid bin charges against the property outlined below.
Levy Description Balance outstanding Interest $ 5113.16 Legal Charges $ 2,029.80 Classic Bin Collection $ 20,083.00 Security Service Levy $ 21.00 Total $ 27,246.96
In 2004 sixteen bins were delivered to the property. In March 2007 cyclone George severely damaged the property’s buildings, along with all the assigned bins. During this time the Community members were evacuated and moved into the town of Port Hedland. All buildings on the land have since been demolished as they were deemed uninhabitable by the Land Manager. None of the community members have since returned to the property.
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or
P AGE 208 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications Nil
Strategic Planning Implications Nil
Budget Implications
If Council chooses to award the Tjalka Wara Community the request to write off the outstanding monies relating to outstanding bin charges, it will directly affect the Council’s revenue. The bin charges raised in the current year will have to be written off, which will directly affect the Council’s revenue, reducing it by $3952.14, including the following amounts in previous years; 2008/2009 $5845.52, 2007/2008 $5777.99, 2006/2007 $4215.89, 2005/2006 $3867.95, 2004/2005 $3587.47 (totalling $27,246.96)
Bin charges written off will also impact on the provision for doubtful debts.
Officer’s Comment
All lands vested with the Aboriginal Lands Trust are non-ratable. However, service charges on all properties are payable. In the case of land leased to the Tjalka Wara Community it is a non-ratable reserve held for community welfare purposes for the use and benefit of Australian Aboriginals.
Since the replacement bins were delivered in 2004, six years ago, no monies have ever been receipted against the account for the property leased to the Tjalka Wara Community. The charges for the bins have remained, to date, outstanding for six years. The Rates section, during the history of the outstanding debt against the property, have used the debt collector Dun and Bradstreet to try and place a summons against the Community in order to recoup the outstanding debt, but to no avail. The Rates section has on numerous occasions tried to contact the Department of Aboriginal Affairs and Aboriginal Lands Trust in order to discuss finalising the debt and only until July of this year have received a reply.
It should be noted that neither the Department of Aboriginal Affairs nor the Aboriginal Lands Trust are responsible for the debts incurred by the Tjalka Wara Community. The Aboriginal Lands Trust only leased the land to the Community, whom are solely responsible for debts against the parcel of land. Also to be noted, highlighted in the attached letter, there are only a few existing members of the Community left. The past experience of the last six years from the Rates section has taught that legal action tried against the Tjalka Wara Community has not been successful. Efforts to try and recoup money from a Community group that only a few members exist today would likely to also be in vain. P AGE 209 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Attachments
Letter dated, 12th of July 2009.
200910/167 Council Decision/Officer’s Recommendation
Moved: Cr S R Martin Seconded: Cr A A Carter
That Council;
i) approves to write off all unpaid bin related charges to the value of $27,246.96; and
ii) ceases legal action taken against the Tjalka Wara Community.
CARRIED BY ABSOLUTE MAJORITY 8/0
P AGE 210 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.1.9
P AGE 211 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 212 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.10 Pilbara Meta Maya Regional Aboriginal Corporation Rates Exemption Request (File No; A402170, A401200, A117390, A100150, A410037, A127380 & A111740)
Officer Brie Holland Senior Rates Officer
Date of Report 12 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider a rates exemption on the following seven properties, owned by the Pilbara Meta Maya Regional Aboriginal Corporation; 1 Chunking Crescent, 1 Limpet Crescent, 52 Somerset Crescent, 41 Brodie Crescent, 7 Arabella Street, 3 Yanana Street and 95 Bottlebrush Crescent for the financial period of 2009/2010.
Background
The Pilbara Meta Maya Regional Aboriginal Corporation sent a letter to Council on the 18 August 2009 seeking a rate exemption for seven properties they own listed below on the basis that they are registered as a public benevolent institution (see attachment one);
• 1 Chunking Crescent, South Hedland • 1 Limpet Crescent, South Hedland • 52 Somerset Crescent, South Hedland • 41 Brodie Crescent, South Hedland • 7 Arabella Street, South Hedland • 3 Yanana Street, Wedgefield • 95 Bottlebrush Crescent, South Hedland
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required. P AGE 213 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Policy Implications
Rating Policy 2/004 (in part) states:
“Charitable Organisations
As per the Local Government Act 1995 (as amended), charitable status of any organisation, must be applied for by an organisation, prior to the status being evaluated.
To qualify for recognition as charitable organisation, an organisation must meet general guidelines for recognition, as identified by the Department of Local Government and Regional Development and/or the West Australian Local Government Association.
Recognition of a charitable organisation will be authorized in writing by the Chief Executive Officer.
The status of all charitable organisations will be reviewed every two years.
Concessions
All rate concessions will be considered by Council during the budget process. Rate concessions will not be proposed to Council outside of the budget process, unless due to extraordinary circumstances and authorized by the Chief Executive Officer.”
Strategic Planning Implications Nil
Budget Implications
If Council chooses to award Pilbara Meta Maya Regional Aboriginal Corporation a 100% rates concession, the 2009/2010 rates raised will have to be written off, which will directly affect the Council’s revenue, reducing it by $11,355.64 (see below table) and impacting on the Provision for Doubtful Debts, along with those anticipated for 2009/2010.
2009/10 Use Assessment Address Rates 1 Chunking Crescent $ 1,641.64 Private A402170 South Hedland 1 Limpet Crescent $ 1, 599.00 Private A401200 South Hedland 52 Somerset $ 1,556.36 Private Crescent South A117390 Hedland 41 Brodie Crescent $ 1,471.08 Private A100150 South Hedland
P AGE 214 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
7 Arabella Street $ 1,662.96 Staff A410037 South Hedland Housing 3 Yanana Street $ 3,262.28 Corporate A127380 Wedgefield Offices 95 Bottlebrush $ 430.21 Vacant Crescent South Land A111740 Hedland Total write-off $ 11,355.64
Officer’s Comment
Presently Council does not have a formal Community Rating policy, thus considering awarding Pilbara Meta Maya Regional Aboriginal Corporation Maya a rates concession must be considered on an ad hoc basis as agreed at the informal briefing session held on 10 June 2009.
Pilbara Meta Maya Regional Aboriginal Corporation demonstrated that it was a non-profit organisation by providing Council with a letter, dated 3 April 2009 from the Australian Taxation Office stating that it is a public benevolent institution (see attachment two). It is understood that Pilbara Meta Maya Regional Aboriginal Corporation is contractually funded through the State Government for the provision of essential services (water and electricity), housing, employment and environmental services to Aboriginal and Torres Strait Island communities in the Pilbara, Gascoyne and Murchison Regions.
Pilbara Meta Maya Regional Aboriginal Corporation has requested a rates exemption on all seven properties that they own. The seven properties are used for different purposes which include; a Corporate Office (headquarters), a staff house, four private residences and parcel of vacant land. If the Pilbara Meta Maya Regional Aboriginal Corporation Maya chose to sell any of their three properties, they would potentially gain a valuable profit in regards to the high property values experienced in the Pilbara region currently. Having stated that the corporation is labelled a not for profit entity whose objectives are ‘…to improve the quality of life of Aboriginal and Torres Strait Islander people through better outcomes in (many) essential services.’ With this in mind it may be seen as very compassionate on Council’s behalf to support such an organisation which helps benefit many members of the Town.
Attachments
1. Letter dated, 18 August 2009 2. Letter dated, 3 April 2009
P AGE 215 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Officer’s Recommendation
That Council:
i) approves a 50% - 100% rates exemption on the seven properties owned by Pilbara Meta Maya Regional Aboriginal Corporation, as follows:
Assessment Address A402170 1 Chunking Crescent, South Hedland A401200 1 Limpet Crescent, South Hedland A117390 52 Somerset Crescent, South Hedland A100150 41 Brodie Crescent, South Hedland A410037 7 Arabella Street, South Hedland A127380 3 Yanana Street, Wedgefield A111740 95 Bottlebrush Crescent, South Hedland
ii) reviews the rates exemption after one year or until a Community Rating policy has been established
200910/168 Council Decision
Moved: Cr A A Carter Seconded: Cr S J Coates
That Council lay Agenda Item 11.3.1.10 ‘Pilbara Meta Maya Regional Aboriginal Corporation Rates Exemption Request’ on table pending further consideration of the proposed Community Rating Policy by Council.
CARRIED 8/0
REASON: Council resolved to lay this item on the table until it has further discussions and has considered its proposed Community Rating Policy.
P AGE 216 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.1.10
P AGE 217 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
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11.3.1.11 Wirraka Maya Health Service Aboriginal Corporation Rates Exemption Request (File No: A800350)
Officer Brie Holland Senior Rates Officer
Date of Report 10 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider a rates exemption on the following property, owned by the Wirraka Maya Health Service Aboriginal Corporation; 25 Sutherland Street Port Hedland for the financial period of 2009/2010. Wirraka Maya Health Service overlooked requesting the rates exemption on the previous item presented to Council on 24 June 2009.
Background
The Wirraka Maya Health Service Aboriginal Corporation sent a letter to Council in early June 2008 seeking a rate exemption for three properties they owned listed below on the basis that they are registered as a public benevolent institution (see attachment one);
• 1-5 Hamilton Road SOUTH HEDLAND • 3 Daylesford Close SOUTH HEDLAND • 9 Morgans Street PORT HEDLAND
Council at its meeting held on 24 June 2009 considered their request and resolved as follows:
“That Council:
i) approves a 100% rates exemption on the following three (3) properties owned by Wirraka Maya Health Services: a) 1-5 Hamilton Road, South Hedland (A106282); b) 3 Daylesford Close, South Hedland (A113807); and c) 9 Morgans Street, Port Hedland (A116100); and
ii) reviews the rates exemption after one year or until a Community Rating policy has been established; and
P AGE 221 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
iii) waives the rates for the following three (3) properties owned by Wirraka Maya Health Services for 2008/09
2008/2009 2009/10 Assessment Address Rates Rates 1-5 Hamilton Road A106282 $19,894.84 $7,424.00 South Hedland 3 Daylesford Close A113807 $1,957.67 $1,897.48 South Hedland 9 Morgans Street A116100 $1,787.33 $1,535.04 Port Hedland Total write-off $ 23,639.84 $10,856.52
On the 25 August 2009 Council received a letter from Wirraka Maya Health Service requesting a rates exemption on their property at 25 Sutherland Street Port Hedland (see attachment two).
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications
Rating Policy 2/004 (in part) states:
“Charitable Organisations
As per the Local Government Act 1995 (as amended), charitable status of any organisation, must be applied for by an organisation, prior to the status being evaluated.
To qualify for recognition as charitable organisation, an organisation must meet general guidelines for recognition, as identified by the Department of Local Government and Regional Development and/or the West Australian Local Government Association.
Recognition of a charitable organisation will be authorized in writing by the Chief Executive Officer.
P AGE 222 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
The status of all charitable organisations will be reviewed every two years.
Concessions
All rate concessions will be considered by Council during the budget process. Rate concessions will not be proposed to Council outside of the budget process, unless due to extraordinary circumstances and authorized by the Chief Executive Officer.”
Strategic Planning Implications Nil
Budget Implications
If Council chooses to award Wirraka Maya Health Service a 100% rates concession, the 2009/2010 rates raised will have to be written off, which will directly affect the Council’s revenue, reducing it by $1,620.32 (see below table) and impacting on the Provision for Doubtful Debts.
Officer’s Comment
At present Council does not have a formal Community Rating policy, thus considering awarding Wirraka Maya Health Service a rates concession must be considered on an ad hoc basis as agreed at the informal briefing session held on 10 June 2009.
The Rating Policy 2/004 states that all rate concessions will be considered by Council during the budget process. Although the second letter from Wirraka Maya Health Service was not received until the 25 August 2009, Wirraka Maya Health Service only discovered that they had missed requesting a rates exemption previously, until the subsequent 2009/2010 rates had been issued against the property.
On 15 October 2008 Wirraka Maya Health Service demonstrated that it was a non-profit organisation by providing Council with a letter from the Australian Taxation Office stating that it is a public benevolent institution (see attachment three). In general terms, a community-based organisation will be deemed a public benevolent institution, by the Australian Taxation Office, if its objects and activities relate solely to the provision of assistance or benefits to needy members of the public.
If Council chooses to make all three properties owned by the Wirraka Maya Health Service rates exempt and not 25 Sutherland Street, it may be interpreted as inequitable. In reference the confirmed minutes of the 24 June 2009 Council meeting, the reasoning behind the resolution was, “…Council seeks to provide incentive for the provision of Aboriginal Health Services and support (the) Federal Government political aim to increase indigenous health”. P AGE 223 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Awarding Wirraka Maya Health Service a rates exemption on their property of 25 Sutherland Street will help support the reason behind the initial resolution.
Attachments
1. Letter dated, 5 June 2008. 2. Letter dated, 19 August 2009. 3. Letter dated, 13 October 2008.
200910/169 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S J Coates
That Council;
i) Approves a 100% rates exemption on the property of 25 Sutherland Street owned by Wirraka Maya Health Service; and
ii) Council notes that when the Community Rating Policy is es tablis hed, all properties owned by Wirraka Maya currently receiving a rates exemption will be reviewed to ensure compliance.
CARRIED BY ABSOLUTE MAJ ORITY 8/0
P AGE 224 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENTS TO AGENDA ITEM 11.3.1.11
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11.3.1.12 Bloodwood Tree Association Inc. Rates Exemption Request (File No; A803501)
Officer Brie Holland Senior Rates Officer
Date of Report 11 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider a rates exemption on the following property, owned by the Bloodwood Tree Association Inc. ; 36 Roberts Street, South Hedland for the 2009/2010 financial period.
Background
Late August 2009 Council received a letter from Bloodwood Tree Association (see attachment one). The basis of the request was that the Bloodwood Tree Association is a non-profit Indigenous Australian employment organisation that is registered with the Australian Taxation Office as a public benevolent institution (see attachment two).
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications
Rating Policy 2/004 (in part) states:
“Charitable Organisations
As per the Local Government Act 1995 (as amended), charitable status of any organisation, must be applied for by an organisation, prior to the status being evaluated.
P AGE 229 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
To qualify for recognition as charitable organisation, an organisation must meet general guidelines for recognition, as identified by the Department of Local Government and Regional Development and/or the West Australian Local Government Association.
Recognition of a charitable organisation will be authorized in writing by the Chief Executive Officer.
The status of all charitable organisations will be reviewed every two years.
Concessions
All rate concessions will be considered by Council during the budget process. Rate concessions will not be proposed to Council outside of the budget process, unless due to extraordinary circumstances and authorized by the Chief Executive Officer.”
Strategic Planning Implications Nil
Budget Implications
If Council chooses to award Bloodwood Tree Association 100% rates concession for 2009/2010 as proposed, the rates raised for the current year will have to be written off, which will directly affect the Council’s revenue, reducing it by $1,300.52.
Rates written off will also impact on the provision for doubtful debts.
Officer’s Comment
Presently, Council does not have a formal Community Rating policy, thus considering awarding Bloodwood Tree Association Inc. a rates concession must be considered on an ad hoc basis as agreed at the informal briefing session held on 10 June 2009.
Bloodwood Tree Association Inc. is an organisation that was founded in 1977 and its aim is to "help (Australian) Aboriginal people in any way it can", more specifically the association is an Indigenous Australian employment agency. The centre operates on limited Government funding and the style of its operations does not allow the centre to generate a high level of income. It has been labeled as a public benevolent institution by the Australian Taxation Office (ATO).
Generally, the Australian Taxation Office deems an organisation to be a public benevolent institution if its agendas and activities directly involve providing compassionate or ‘benevolent’ relief to needy members of the public.
P AGE 230 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
In other words the organisation is labeled "non-profit", that is, it is carried on without purpose of private gain and its funds and assets are used solely to advance its objectives, which is true in the case of the Bloodwood Tree Association Inc.
It should be noted that the Bloodwood Tree Association Inc. currently receives a 100% rates concession at their leased property of 9 Hamilton Road, South Hedland. The association has been receiving this discount since 2002/2003. This is the first time the association has requested a rates exemption on their privately property of 36 Roberts Street, South Hedland which is the location of their employment headquarters. It may be seen as inequitable if a rates exemption is given for one of the association’s properties and not the other.
Attachments
Letter received, late August 2009 Letter from the ATO, dated 8 July 2005
200910/170 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S J Coates
That Council;
i) approves a 100% rates exemption on the property owned by the Bloodwood Tree Association Inc. for the 2009/2010 financial years or until such time as the Community Rating Policy is endorsed by Council; and
ii) reviews the rates exemption after one year or until a Community Rating policy has been established.
CARRIED BY ABSOLUTE MAJ ORITY 8/0
P AGE 231 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENTS TO AGENDA ITEM 11.3.1.12
P AGE 232 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 233 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
7:16 pm Councillor G J Daccache declared an impartiality in Agenda Item 11.3.1.13 ‘Cooke Point Recreation Club Inc. Rates Exemption Request’ as he is a member of the Cooke Point Recreation Reserve. Councillor Daccache advised that as a consequence, there may be a perception that his impartiality on the matter may be affected. Councillor Daccache declared that he will consider this matter on its merits and vote accordingly. Councillor Daccache did not leave the room.
P AGE 234 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.1.13 Cooke Point Recreation Club Inc. Rates Exemption Request (File No; A102540)
Officer Brie Holland Senior Rates Officer
Date of Report 12 November 2009
Disclosure of Interest by Officer Nil
Summary
For Council to consider a rates exemption on the following property, owned by the Cooke Point Recreation Club Inc; 13-27 Keesing Street, Port Hedland for the financial period of 2009/2010.
Background
The Cooke Point Recreation Club Inc sent a letter to Council on the 20 October 2009 seeking a rate exemption the property they own at 13-27 Keesing Street, Port Hedland. Their reasoning behind the request is that they are ‘not for profit’ organisation and the zoning for their property is Community, not Commercial which should be further reason to grant them rate exempt.
Consultation Nil
Statutory Implications
6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may- (a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required.
Policy Implications
Rating Policy 2/004 (in part) states:
“Charitable Organisations
As per the Local Government Act 1995 (as amended), charitable status of any organisation, must be applied for by an organisation, prior to the status being evaluated.
P AGE 235 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
To qualify for recognition as charitable organisation, an organisation must meet general guidelines for recognition, as identified by the Department of Local Government and Regional Development and/or the West Australian Local Government Association.
Recognition of a charitable organisation will be authorized in writing by the Chief Executive Officer.
The status of all charitable organisations will be reviewed every two years.
Concessions
All rate concessions will be considered by Council during the budget process. Rate concessions will not be proposed to Council outside of the budget process, unless due to extraordinary circumstances and authorized by the Chief Executive Officer.”
Strategic Planning Implications Nil
Budget Implications
If Council chooses to award Cooke Point Recreation Club Inc a 100% rates concession, the 2009/2010 rates raised will have to be written off, which will directly affect the Council’s revenue, reducing it by $ 8,790.68 (see below table) and impacting on the Provision for Doubtful Debts, along with those anticipated for 2009/2010.
Officer’s Comment
Presently Council does not have a formal Community Rating policy, thus considering awarding the Cooke Point Recreation Club Inc a rates concession must be considered on an ad hoc basis as agreed at the informal briefing session held on 10 June 2009.
On the 4 September 2009 a letter on behalf of the Town of Port Hedland was sent to the Cooke Point Recreation club in reply to their initial request to be considered for a rates exemption. It stated, ‘Some suggestions which lead to supporting your request for rates exemption include; evidence that your organisation is registered as a Charity or Public Benevolent Institution with the Australian Taxation Office (ATO), a comprehensive outline of your organisations activities and a summary of how any funds received are distributed’. In reply to this suggestion the Cooke Point Recreation Club did not provide a charitable status letter from the ATO, instead they provided a copy of their Rule book. It is not clear to how any funds received are distributed by the club as a financial summary has not been provided with the rule book.
P AGE 236 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
In reference to the comment by Cooke Point Recreation Club Inc that the land is zoned for community purposes, this is correct however Council does not have a ‘Community’ rating category. The property attracts a Gross Rental Value (GRV) and the rating categories the Town has established for GRV properties are;
• Residential • Commercial and • Industrial
The land containing the Cooke Point Recreation club cannot be classified as residential or industrial, as the primary purpose of the club is serving food and alcoholic beverages hence attracting a commercial rating category.
Even though the land to which the Club exists is zoned Community, it does not automatically imply that the establishment is operated by a charitable organisation. The primary activity carried out on the premises is a commercial enterprise and attracts a commercial rating category. In comparison to the many other requests sent to Council from organisations for rates exemptions it cannot be said that the Cooke Point Recreation Club provides essential services to the residences of the Town of Port Hedland like an Employment agency or a Medical centre. If the club truly was a non-profit organisation the ATO would have issued a tax exemption letter labeling the club as a public benevolent institution, which has shown not to be the case.
Presently the Town has arranged with the Cooke Point Recreation Club to pay their rates via an alternative arrangement, which the club is currently up to date with their payment schedule.
Attachments
Letter dated, 20 October 2009. Cooke Point Recreation Club rules book.
200910/171 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr M Dziombak
That Council does not approve a rates exemption on the property of 13-27 Keesing Street, Port Hedland.
CARRIED 8/0
P AGE 237 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENTS TO AGENDA ITEM 11.3.1.13
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P AGE 252 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
7:19 pm Councillor G J Daccache declared a financial interest in Agenda Item 11.3.2.1 ‘Business Plan Consideration – Port Hedland Airport TWA’ as his wife is employed by Auzcorp Pty Ltd.
Councillor Daccache left the room.
P AGE 253 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.2 Governance
11.3.2.1 Business Plan Consideration – Port Hedland Airport TWA (File No.: …)
Officer Chris Adams Chief Executive Officer
Date of Report 12 November 2009
Disclosure of Interest by Officer Nil
Summary
In accordance the Local Government Act 1995 (LG Act), Council has sought public submissions on the Business Plan that was prepared for the proposed leasing of a portion of the Port Hedland International Airport (PHIA) to Auzcorp as was proposed in Tender. Public advertising was required as the proposal is considered to be a major land transaction under the LG Act as the total consideration of the transaction exceeds $1M.
Background
At its September meeting Council considered a report titled “Proposed Major Land Transaction at Port Hedland International Airport. Initiation of Business Plan” where it resolved the following:
That Council notes the contents of the attached Business Plan for the Proposed Leasing of Land at Port Hedland International Airport to Auzcorp Pty. Ltd and seeks public comment on the proposed major land transaction for a minimum of six (6) weeks in accordance with Section 3.59 of the Local Government Act 1995.
In summary details of the proposal (as outlined in the Business Plan are:
• Nature of Major Land Transaction: Leasing arrangement • Location of Lease: Port Hedland International Airport. • Nature of Tenure: Land is owned freehold by the Town of Port Hedland. • Term of Lease: 5 years (no option) • Rental Amount to Council: $172,228 pa (reviewed annually). • Project Capital Cost to Auzcorp: circa $20M • Lease Commencement: Prior to March 2010. • Lease Completion: 5 years after commencement • Total benefits to Council: Approx $3M • Risk to Council: Negligible or Nil.
P AGE 254 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
The proposal was advertised in the both the West Australian Newspaper and the North West Telegraph. While a number of phone calls were received by staff to discuss the matter, at the close of the six week submission period only one submission had been received. The submission was from Lavan Legal (on behalf of Auzcorp Pty Ltd) and indicated its support for the business plan to proceed.
Consultation
The subject land has been under a lease arrangement for slightly over three years. The issue of leasing or re-leasing this particular section of land has been discussed at Council on several occasions over the past twelve months. Public consultation was undertaken on this matter in accordance with the Local Government Act.
The only submission that was received on the proposal was positive. In summary, the submission indicated:
The business plan offers significant benefits for the Town including: • Accommodation • Financial benefits to Council • Community access to facilities • Improved visual amenity • Local and indigenous employment.
A full copy of the submission has been appended to this report.
Statutory Implications
Relevant excerpts from the Local Government Act and the Local Government (Functions And General) Regulations have been quoted below:
“3.59. Commercial enterprises by local governments (2) Before it — (a) commences a major trading undertaking; (b) enters into a major land transaction; or (c) enters into a land transaction that is preparatory to entry into a major land transaction, a local government is to prepare a business plan. (3) The business plan is to include an overall assessment of the major trading undertaking or major land transaction and is to include details of — (a) its expected effect on the provision of facilities and services by the local government; (b) its expected effect on other persons providing facilities and services in the district; (c) its expected financial effect on the local government; (d) its expected effect on matters referred to in the local government’s current plan prepared under section 5.56;
P AGE 255 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
(e) the ability of the local government to manage the undertaking or the performance of the transaction; and (f) any other matter prescribed for the purposes of this subsection. (4) The local government is to — (a) give Statewide public notice stating that — (i) the local government proposes to commence the major trading undertaking or enter into the major land transaction described in the notice or into a land transaction that is preparatory to that major land transaction; (ii) a copy of the business plan may be inspected or obtained at any place specified in the notice; and (iii) submissions about the proposed undertaking or transaction may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and (b) make a copy of the business plan available for public inspection in accordance with the notice. (5) After the last day for submissions, the local government is to consider any submissions made and may decide* to proceed with the undertaking or transaction as proposed or so that it is not significantly different from what was proposed. * Absolute majority required.
Local Government (Functions and General) Regulations: “7. Minimum value of major land transaction For a land transaction to be a major land transaction the total value of — (a) the consideration under the transaction; and (b) anything done by the local government for achieving the purpose of the transaction, has to be more, or worth more, than either $1 000 000 or 10% of the operating expenditure incurred by the local government from its municipal fund in the last completed financial year.
Policy Implications
Nil
Strategic Planning Implications
This project is specifically listed within the Town’s Adopted Plan for the Future 2008 -2013 as follows:
Vision: Port Hedland: A significant regional centre where people enjoy the lifestyle and natural environment and are proud to call home.
Mission: To enhance social and economic well-being through leadership and working in partnership with the community. P AGE 256 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
KRA 1: Infrastructure Goal 3: Airport Strategy 4: Develop a Transient Workforce Accommodation camp on Airport land. KRA 4: Economic Development Goal 4: Land Development Projects – That land is being released and developed to meet the needs of a growing community. Strategy 1: Fast-track the release and development of commercial, industrial and residential land in a sustainable manner
Budget Implications
As detailed in the Business Plan, the direct and indirect financial benefits to Council over the proposed five (5) year lease of the facility are approximately $3M.
The costs to Council of undertaking the transaction have been relatively minor as the business plan and vast majority of discussions/negotiations have been undertaken by staff. Legal costs have been incurred regarding various elements of the transaction. These costs are within existing budget parameters for Legal Fees.
Officer’s Comment
Council has discussed this matter several times over the past year. Given there have been no objections received to the Proposed Major Land Transaction regarding leasing of land to Auzcorp at the Port Hedland International Airport, it is recommended that Council proceeds with the Business Plan.
Attachments
Copy of Submission from Auzcorp (Drafted by Lavan Legal)
200910/172 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr M Dziombak
That Council:
i) Notes the submission that was received on the Proposed Major Land Transaction regarding leasing of land to Auzcorp at the Port Hedland International Airport.
ii) Agrees to proceed with the business plan for the major land transaction as proposed.
iii) Authorises the Chief Executive Officer and Mayor to sign and seal lease documentation that is consistent with the approved business plan.
CARRIED 7/0 P AGE 257 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
7:20 pm Councillor Daccache re-entered the room and assumed his chair.
Mayor advised Councillor Daccache of Council’s decision.
P AGE 258 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.2.1
P AGE 259 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
P AGE 260 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.2.2 Business Royalties for Regions: Pilbara Priority Projects – Status Report
Officer Chris Adams Chief Executive Officer
Date of Report 16 November 2009
Disclosure of Interest by Office Nil
Summary
Report updates Council on the status of various projects associated with the $20.2Million that the Town received from the Royalties for Regions Scheme and seeks Council’s consideration of proposed reallocations of some of the project funding.
Background In June 2009 the Town was advised that the State Government would provide it $20.2M through the Royalties for regions Program to implement a range of partnership projects. The projects that were funded included:
Project Name R4R Total Project funding Expenditure Planned for 2009/10 Multi Purpose Recreation Centre 10,500,000 19,300,000 JD Hardie Centre Redevelopment 2,600,000 7,700,000 Marquee Park 2,700,000 8,160,000 McGregor St Community Facility 600,000 700,000 Crime and Safety Initiatives 900,000 1,660,000 Public Amenity Enhancements 2,900,000 4,524,000 TOTAL 20,200,000 42,044,000
There is a strong desire from the various project partners involved with the projects above to complete all of the projects in a timely manner. A brief summary of the status of each project is listed below.
Mu lti-Purpose Recreation Centre: (R4R contribution of $10.5Million) Detailed design for project is nearing completion. Current Quantity Surveyors estimate is $37.5M. Secured funds at this stage = $34.25M. Aim to go to tender in early 2010 – funding permitted. Need to secure up additional funding to ensure project can proceed.
JD Hardie Centre Youth Project (R4R Contribution of $2.6Million) Detailed design and contract documentation nearing completion. Quantity surveyors current estimate is $7.96million. Funding
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confirmed to date = $7.7million. Aim to go to tender in early 2010 – funding permitted. Need to secure up additional funding to ensure project can proceed.
Marquee Park (R4R Contribution of $2.7Million) Detailed design and approvals processes proceeding. Due for completion in Jan 2010. Works scheduled to commence in April 2010 and be completed Dec 2010. Project on budget.
McGregor St Community Facility (R4R Contribution of $600,000) Project is yet to be well defined as McGregor St Master plan is yet to be completed. Given this, it is highly unlikely that project will be completed in a timely manner. Recommend reallocation of project funds to other projects.
Crime & Safety Initiatives Project was broken into three (3) programs. • Walkway Lighting: (R4R Contribution of $100,000 towards $210,000 program) Quotes received. Project scheduled for early 2010. On budget and on target.
• Public Lighting: (R4R Contribution of $400,000 towards $850,000 program) 30% committed to date. Awaiting further quotes for remainder of project. No issues with budget or timeframe.
• CCTV Stage II: (R4R Contribution of $400,000 towards $600,000 program) Project has been delayed due to unforeseen technical issues relating to the transmission of data across the Port Hedland International Airport.
Public Amenity Enhancements Project was broken into seven (7) programs. • Boulevard Tree Planting (R4R Contribution of $300,000 towards $999,000 program) Obtaining access to appropriate quantities of reasonable sized trees has proven to be difficult. Project scope modified to eliminate reticulation. Recommend that R4R project funds be allocated elsewhere as funds are no longer required to complete the project scope.
• Parks Upgrade Program (R4R Contribution of $1,000,000 towards $1,000,000 program) Project is upgrading existing parks and reserves throughout Port and South Hedland through a ‘retro-fit’ of infrastructure. Program is progressing (approx 25% complete). No budget or timeframe issues.
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• Playground Equipment (R4R Contribution of $175,000 towards $175,000 program) Project scope to be confirmed by Council in December. Installations scheduled for April/May.
• Shade Structures (R4R Contribution of $400,000 towards $210,000 program) Shade planned for South Hedland Skate Park and playground locations. Installations scheduled for Q4 2009/10. No budget or timeframe issues.
• Public Toilets (R4R Contribution of $600,000 towards $750,000 program) Project scheduled for implementation in early 2010. No budget or timeframe issues.
• Footpaths (R4R Contribution of $225,000 towards $500,000 program) Program is complete. Awaiting invoices. No budget issues.
• Public Furniture (R4R Contribution of $200,000 towards $600,000 program) Bus shelters have been installed and BBQ’s to be installed shortly. Bins and other infrastructure schedule for early 2010. No budget or timeframe issues
Consultation
The projects above were selected based upon community feedback obtained from Council’s community survey with the vast majority of the projects being specifically listed in the Town’s Plan for the Future.
Statutory Implications
Nil
Policy Implications
Nil
Strategic Planning Implications
The partnership projects that are being undertaken are key projects that are listed in the Town’s Plan for the Future.
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Budget Implications
Interest Earnt The Town received the State Government’s Royalties for Regions payment of $20.2Million as an ‘up-front’ payment. These funds are currently sitting in a Council Reserve Account that has been effectively quarantined for the delivery of the above listed project. The Reserve Account is currently generating interest whilst it is invested. The anticipated Annual interest on the reserve in $754,000.
The funding agreement with the State specifically states that ‘any interest earned from either the recipients overnight cash deposit facility or short term inscribed stock facility accounts must be utilised towards Royalties for Regions funded projects within this agreement. At this stage the Town has yet to allocate this interest to any project.
Scope Change As indicated in the Background section of this report, the total value of the partnership projects is some $42.04Million. While the vast majority of these projects are progressing well, some budget modifications are recommended due to some project scope changes.
The following modifications are suggested:
Project Change in R4R Contribution McGregor St Community Facility Reduce by $600,000 Boulevard Tree Planting Reduce by $300,000 Multi-Purpose Recreation Centre Increase by $600,000 JD Hardie Youth Precinct Increase by $300000 Nett Position No change in R4R contribution
Officer’s Comment
The Town of Port Hedland has developed a reputation with stakeholders and funding partners as an organisation that delivers projects in a timely manner. In order to secure funding for additional projects in the future, it is important that Council maintains this reputation by delivering the Pilbara Priority Royalties for Regions projects both quickly and on budget.
While the vast majority of projects are progressing well, there are some projects that area likely to require additional funding and others that are unlikely to be completed due to either supply or project planning issues. Given this, it is suggested that Council seek permission from the Department for Regional Development to modify some of the project allocations to better reflect both project funding needs and the ability to deliver the projects in a timely manner. P AGE 264 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Additionally, it is recommended that Council allocate the interest earned on the Royalties for Regions reserve account to various pre-approved projects in accordance with the requirements of the funding agreement.
Attachments
Nil
200910/173 Council Decision/Officer’s Recommendation
Moved: Cr A A Carter Seconded: Cr S R Martin
That Council:
i) Note the current status of partnership projects that have been approved through the Royalties for Regions Pilbara Priority Scheme
ii) Seek consent from the Department of Regional Development to modify the financial contribution detailed in Financial Assistance Agreement for the Town’s Pilbara Priority Projects in the following manner:
Project Change in R4R Contribution McGregor St Community Reduce by $600,000 Facility Boulevard Tree Planting Reduce by $300,000 Mu lti-Purpose Recreation Increase by Centre $600,000 JD Hardie Youth Precinct Increase by $300000 Nett Position No change in R4R contribution
iii) That interest generated within the Town’s Royalties for Regions Reserve Account in 2009/10 financial year (estimated at $750,000) be allocated to the Multi Purpose Recreation Centre Project.
CARRIED 8/0
P AGE 265 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.2.3 Office Accommodation (File No.: …)
Officer Chris Adams Chief Executive Officer
Date of Report 12 November 2009
Disclosure of Interest by Officer Nil
Summary
In its current configuration, the Town of Port Hedland’s Civic Centre is unlikely to be able to accommodate Council’s staff accommodation requirements in the short/medium term. Council consideration of a longer term office accommodation plan is required.
Background
Growth in both the Town’s population and service base has lead to an increase in the staffing levels at the Town Council. This has lead to office accommodation shortages. These shortages are likely to be exacerbated by growth in the staffing numbers over the coming years. A plan for both the short term and long term staff accommodation is required.
In early 2009 Council engaged the Australian Institute of Management to prepare a report on the likely staffing and accommodation requirement for the Town of Port Hedland over the coming years. Key findings of this report pertaining to staff numbers were: • The Civic Centre is currently overcrowded (as are some of our other work sites.) • An additional 35 Council staff are likely to be required prior to 2014. • Further staff growth is likely after 2014 but staff numbers growth is likely to be at a slower pace.
While this matter has been discussed informally by Council over the past 2-3 years and was discussed as a component of the Town’s Land Use Master Plan, the Town Council has not formed a consolidated position on how it would like to address the issue of office accommodation in the longer term.
Given the overcrowding that exists a range of immediate initiatives have been undertaken. These include: • Relocating the Engineering Directorate to the Port Hedland International Airport. • Relocating the Town’s IT service to the Airport • Establishing a records storage area at the Airport
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• Standardising desk size and creating a more open plan style office space in the Civic Centre to create additional usable space.
While these actions have assisted somewhat, there is still an office accommodation shortage. Both short term and long term action needs to be undertaken to address this issue.
Short Term Options
Option 1: Relocate more staff to the Port Hedland International Airport Advantages • Likely to be cheaper cost alternative. • Can be undertaken reasonably quickly Disadvantages • Fragmentation of staff resources • Duplication of administrative resources and equipment through multiple office space (ie two receptions required). • Location is difficult for customers to access. • Limited parking available. • Will require upgrades to telephone and IT systems
Option 2: Install a portable office space in the area adjacent to the Civic and Swimming Pool. Advantages • Can be achieved relatively quickly. • Provides centralization of staff/administrative resources. • Temporary building can potentially be resold when permanent solution is delivered. Disadvantages • Unlikely to be aesthetically pleasing. • Loss of car parking spaces. • IT and telecommunications upgrades will be required • Potentially duplicating customer service/reception roles by having two separate building structures. • Reduced level of security • Reduced level of convenience for customers and/or staff located in external building
Option 3: Converting a portion of the current Council chambers into office space. Advantages • Utilises a space that is currently underutilised • Provides centralization of staff/administrative resources • Is more aesthetically pleasing than a ‘donga’ attached to the Civic Centre.
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Disadvantages • Reduction in civic space for Council meetings and ceremonial events (citizenship ceremonies, political delegations, etc.) • Modifications to IT, phones and airconditioning required.
Option 4. Relocating of ground floor records storage to Gratwick Hall (backstage area). Advantages • Can be achieved relatively quickly • Relatively low cost • Retains records within existing building “footprint” • Does not remove USEABLE space from the backstage • Maintains high level of security for records and staff. Disadvantages • Modifications to IT, phones and airconditioning required. • Requires modification to upstairs loading facilities
Longer Term Options
The most commonly expressed views about the potential long term development of Council office accommodation are:
• Develop additional office space at the existing Civic Centre site • Develop a new office space in the West End • Develop a new office space in the South Hedland CBD
Each option has a range of logistical and cost implications that are yet to be fully explored.
Consultation
There have been a range of internal discussions regarding the short and long term office options and the matter was discussed informally at the Council Briefing session that was held on the 11th of November.
To date, the community has not had an opportunity to formally comment on alternative options. It is recommended that a community Consultative process be undertaken prior to Council formalising its position.
Statutory Implications
Nil
Policy Implications
Nil
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Strategic Planning Implications
The development of new office space is specifically mentioned in the Town’s Plan for the Future via the following strategy statement:
“Review options for the development of office space and depot accommodation for the Town of Port Hedland.”
Budget Implications
At this stage, the total costs of undertaking the short or long term development options have not been fully costed. While some funds have been allocated with the 2009/10 Budget for Furniture and Equipment, there is currently no allocation for the development of new office space.
It should be noted that Council does not currently own the land on which the Civic Centre sits on, the land is simply vested to the Town by the State. Council does potentially have the ability to purchase the land at its unimproved value and re-sell/lease the land at commercial level.
Officer’s Comment
Short Term
The Chief Executive Officer’s preference is to have the vast majority of staff located in a centralized office space rather than having numerous office environments. The CEO prefers this model from the perspectives of improving internal communications, maintaining a ‘team feel’ in the organisation and providing a consistent level of customer service. Given this, the Officers preference for the short term is either the conversion of a portion of the current backstage area into storage and office space (freeing up further space within the ground floor area) or the installation of a temporary building adjacent to the Civic Centre and the Gratwick Aquatic Centre.
Long Term
A significant redevelopment of office space is required at the Town of Port Hedland. Given land access, funding, design and construction timeframes this is a longer term project that is likely to take several years to complete. The first step in the process is getting an agreed position on the option or options that the Council wants to consider. It is recommended that the community be canvassed on this issue prior to Council determining where the long term future for staff office space.
Attachments
Nil
P AGE 269 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Officer’s Recommendation
That Council:
i) Request a further report on design a cost estimates for both of the following short term office refurbishment expansion options: • Converting a portion of the current backstage area into storage and office space. • Installing a temporary office space in the area adjacent to eastern end of the Civic Centre.
ii) Prepare and widely distribute an options paper that seeks community feedback on their preferred direction/location for the Council offices in the longer term with the following options being canvassed:
• Option 1: Expanding the existing Civic Centre office building. • Option 2: Selling the Civic Centre building and building/leasing a new Council office facility in the West End of Port Hedland. • Option 3: Selling the Civic Centre building and building/leasing a new Council office building in the South Hedland CBD. • Option 4: Any other option/alternative as identified by the public.
P AGE 270 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
200910/174 Council Decision
Moved: Cr A A Carter Seconded: Cr S J Coates
That Council:
i) Request a further report on design a cost estimates for both of the following short term office refurbishment expansion options:
• Converting a portion of the current backstage area into storage and office space. • Installing a temporary office space in the area adjacent to eastern end of the Civic Centre.
ii) Prepare and widely distribute an options paper that seeks community feedback on their preferred direction/location for the Council offices in the longer term with the following options being canvassed:
• Option 1: Expanding the existing Civic Centre office building. • Option 2: Selling the Civic Centre building and building/leas ing a new Council office facility in the West End of Port Hedland. • Option 3: Selling the Civic Centre building and building/leasing a new Council office building in the South Hedland CBD. • Option 4: Any other option/alternative as identified by the public.
iii) investigates the ownership, and possible alternative to purchase the Civic Centre property, providing a report on these to Council at a future Ordinary Meeting; and
iv) commits to making a decision on the matter wtihin s ix (6) months.
CARRIED 8/0
REASON: In addition to the Officer’s Recommendation, Council included Clauses iii) and iv), to ensure the possible purchase of the Civic Centre propery could be investigated and reported to Council; and made a commitment to made a decision on the matter within six (6) months.
P AGE 271 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
11.3.2.4 Nomination for Pilbara Development Commission Board Membership (File No.: ORG-096)
Officer Gaye Stephens Executive Assistant
Date of Report 9 November 2009
Disclosure of Interest by Officer Nil
Summary
To endorse the nomination of Council’s representative(s) to fill two (2) Local Government authority vacancies on the Pilbara Development Commission’s Board of Management.
Background
The Pilbara Development Commission (PDC) has advised that it currently has two (2) Local Government vacancies on its Board of Management. Both positions are for a term of up to three (3) years from the date of appointment.
The objectives of the Pilbara Development Commission is to –
• maximise job creation and improve career opportunities in the Region; • develop and broaden the economic base of the Region; • identify infrastructure services to promote economic and social development within the region; • provide information and advice to promote business development within the Region; • seek to ensure that the general standard of government services and access to those services in the Region are comparable to that which applies in the metropolitan area; and • generally take steps to encourage, promote, facilitate and monitor the economic development of the Region.
Officer’s Comment
It is recommended that Council nominates two (2) elected member representatives for membership of the Board of Management of the Pilbara Development Commission. Nominations close on Thursday 10 December 2009.
Statutory Implications
The Pilbara Regional Council was established under the Regional Development Commissions Act 1993.
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Part 3, Division 1, Section 15 of the Regional Development Commission Act 1993 advises that the Board consists of a maximum of nine (9) members who are to be appointed by the Minister for Local Government and Regional Development, as follows (in part):
“15. Board of management of a commission (1) Subject to section 16, a commission is to have a board of management comprising … (b) a prescribed number of other members, not exceeding 9, who are to be appointed by the Minister in the prescribed manner. …”
with the following section, Section 16 detailing three (3) members of the Board are to be elected from a local government authority within the Pilbara Region, unless particular circumstances require otherwise, as stated (in part):
“16. Method of appointment of appointed members Regulations made for the purposes of paragraph (b) of section 15(1) are to be consistent with the following, unless particular circumstances require otherwise … (b) one third of those members are to be members of the council of a local government in the region and are to be nominated by local governments in the region in accordance with the regulations; and …” [Section 16 amended by No. 14 of 1996 s. 4; No. 16 of 1997 s. 4.]
Schedule 2, Part 1 of the the Regional Development Commissions Act 1993 outlines the constitution and proceeding of a Board, particularly Section 1 as stated (in full):
“1. Term of office of appointed member (1) An appointed member holds office for such term, being not more than 3 years, as is specified in the member's instrument of appointment, but he or she is eligible (a) for further reappointment, if the reappointment is consecutive to a previous appointment and will not result in the member holding office continually for a time which exceeds 6 years; or (b) to be reappointed from time to time, if the term of the reappointment is not consecutive to a previous appointment. (2) An appointed member, unless the member sooner dies or resigns or is removed from office, continues in office until a successor comes into office, despite the fact that the term for which the member was appointed may have expired.” [Clause 1 amended by No. 16 of 1997 s. 6(1).]
Policy Implications Nil
P AGE 273 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Strategic Planning Implications
Key Result Area 4 – Economic Development Goal 3 - Business Development That the Town of Port Hedland is recognised as a local government authority that works closely with businesses to achieve sustainable economic growth. Strategy 4 - Work with relevant stakeholders to coordinate a workshop with business and industry to discuss/debate the future of business development and economic growth in the Town
Budget Implications Nil
Attachments
Letter from Pilbara Development Commission, dated 29 October 2009. Note: A copy of the Nomination Form has been circulated to all elected members electronically.
Officer’s Recommendation
That Council advises the Pilbara Development Commission and the Minister for Regional Development, the Honourable Brendon Grylls, MLA, be advised of Council’s nominations of Councillors ______and ______for membership of the Board of Management for the Pilbara Development Commission.
200910/175 Council Decision
Moved: Cr A A Carter Seconded: Cr D W Hooper
That Council advises the Pilbara Development Commission and the Minister for Regional Development, the Honourable Brendon Grylls, MLA, be advised of Council’s nominations of Councillors J M Gillingham and A A Carter for membership of the Board of Management for the Pilbara Development Commission.
CARRIED 8/0
P AGE 274 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ATTACHMENT TO AGENDA ITEM 11.3.2.4
P AGE 275 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
ITEM 13 MOTIONS OF WHICH PREVIOUS NOTICE HAVE BEEN GIVEN
Nil.
ITEM 14 CONFIDENTIAL ITEMS
Nil.
ITEM 15 APPLICATIONS FOR LEAVE OF ABSENCE
200910/176 Council Decision
Moved: Cr G J Daccache Seconded: Cr A A Carter
That the following Applications for Leave of Absence:
i) Councillor J M Gillingham from 27 November 2009 to 2 December 2009, inclusive; ii) Councillor S J Coates from 28 November 2009 to 8 December 2009, inclusive; and iii) Councillor S R Martin from 6 to 10 December 2009; and 12 to 19 December 2009, inclusive;
be approved.
CARRIED 8/0
ITEM 16 CLOSURE
16.1 Date of Next Meeting
The next Ordinary Meeting of Council will be held on Wednesday 9 December 2009, commencing at 5.30 pm.
16.2 Closure
There being no further business, the Chairman declared the meeting closed at 7:30 pm.
P AGE 276 MINUTES : ORDINARY COUNCIL MEETING 25 NOVEMBER 2009
Declaration of Confirmation of Minutes
I certify that these Minutes were confirmed by the Council at its Ordinary Meeting of 9 December 2009.
CONFIRMATION:
______MAYOR
______DATE
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